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01-2887 NLRB v. River City Elevator Company, Inc.

By: dmc-admin//May 20, 2002//

01-2887 NLRB v. River City Elevator Company, Inc.

By: dmc-admin//May 20, 2002//

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“In this case, the NLRB hearing officer, whose findings were subsequently adopted by the Board, determined that no election violation had occurred because the benefits the Union extended to River City employees were not conditioned upon their support of the Union. This finding fails to consider the fact that the ‘gift’ in this case was far different from removing a barrier to employees joining the Union. By granting the River City employees the immediate privileges attendant upon a Mechanic’s card (i.e., ability to work as a full Mechanic in practically any IUEC controlled site), the Union opened up an entire class of jobs to these individuals. In this sense, the extension of Mechanic’s cards, without the obligation to fulfill training and examination requirements, moves beyond the reduction of initiation fees or dues. River City employees were affirmatively given access to more lucrative jobs at a far lesser cost. At the very least, this gift, in the context of a hotly contested election campaign, ‘smacked of a “purchase” of votes because the Union[ ] had no responsibility to provide’ these Mechanic’s cards. Nestle Ice Cream Co., 46 F.3d at 584. Furthermore, it appears that River City employees could have perceived (quite rightly) that ‘they were receiving “something for nothing,” and [that] the “something” was quite valuable.'”

Application Denied.

On Application for Enforcement of an Order of the National Labor Relations Board, Flaum, J.

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