United Agricultural Implement Workers Of America, International (CIO)

In 1952, United Automobile, International Union, Aircraft and Agricultural Implement Workers of America, International (CIO), were certified by the Board for the Borg-Warner Corporation as the representative of the company’s employees. The unions put forth a collective-bargaining agreement to the company. It also included the UAW-CIO, which was the Local that was chartered by International. The company responded back stating that there would be only one sole representative of the employees and the negotiators of the union objected because the company neglected the certification of International as the representative of the employees’. Furthermore, the company also included a “ballot” clause which stated that there would be a 30-day negotiation

period and a secret ballot would be held between the union and nonunion employees before a strike could take place. If the employees reject the company’s offer, the company would have 72 hours to submit a new proposal and have a vote before a strike occurs. The union did not accept these conditions put forth by the company.
The union rejected the proposal on March 15 and if a settlement was not reached by March 20 they would strike and they did strike since there was no settlement made. On May 5, the Local finally entered into an agreement which contained both the “secret ballot” and “recognition” clauses. International filed a charge against the company to the Board, claiming unfair labor practice of section 8 (a)(5) of the Act. According to the case, the trial examiner did not find bad faith on either party. However, the company was found guilty of a “per se” unfair labor practice because it made a condition “precedent” to its acceptance that the agreement must contain both clauses. The clauses were outside of the scope of mandatory bargaining. The Court of Appeals approved the Board’s order for the “recognition” clause. It is the employer’s obligation to bargain in good faith with respect to hours, wages, and other terms & conditions of employment, or the negotiation of an agreement. The Board stated that the insistence of a ballot and recognition clause was in violation of of § 8(a)(5) of the National Labor Relations Act, as amended.