What is the majority holding that a union's conduct in promulgating and seeking to enforce its work limitation rule violated the provisions of the collective agreement?

MultiRegion, United States of America

The following excerpt is from NEW YORK DIST. COUN. NO. 9, INT. BRO. OF PAINT., ETC. v. NLRB, 453 F.2d 783 (2nd Cir. 1971):

What the majority actually holds, in effect, is that the union's conduct in promulgating and seeking to enforce its work limitation rule violated the provisions of the collective agreement, specifically the provision stipulating a five day, seven-hour per day work week. However the ordinary and usual wages and hours provisions contained in a collective agreement cannot be magically transformed into provisions specifying the rate of speed at which employees are to work or the amount they are to produce. There was no provision whatever in the

[453 F.2d 789]

agreement requiring the union members to paint 11.5, or for that matter any particular number, of rooms per week. Under Scofield v. NLRB, 394 U.S. 423, 89 S.Ct. 1154, 22 L.Ed.2d 385 (1969), the union could properly adopt and enforce on its members a rule such as the one here involved. Since the employer had no right under the collective agreement to demand that employees paint any specific number of rooms per day, the union retained the power to act unilaterally with respect to that issue. The employers' recourse was either to discharge those painters who did not paint the number of rooms per day the employer considered satisfactory, or to secure from the union an agreement not to promulgate a work limitation rule.

[453 F.2d 789]

Other Questions


Is a union's failure to provide a translation of a collective bargaining agreement for Spanish-speaking members a violation of their duty of fair representation? (MultiRegion, United States of America)
Does a court have authority to order the non-enforcement of discriminatory provisions in a collective bargaining agreement even in the absence of a signatory employer? (MultiRegion, United States of America)
Is a plea agreement in which a defendant relinquishes his right to seek relief from his conviction or sentence enforceable enforceable? (MultiRegion, United States of America)
When a husband breaches a life insurance agreement that expressly requires the husband to maintain the policy, does the wife have a right to enforce the agreement at the time the husband breached the agreement? ("New York", United States of America)
What is the limitation on time limits in collective agreements? (Canada (Federal), Canada)
What is the statute of limitations for a claim of breach of a collective bargaining agreement? (MultiRegion, United States of America)
Is a judge's decision not to enforce a pretrial order's limits on theories of liability enforceable? (MultiRegion, United States of America)
Does Belcher hold that the equal protection mandate was not violated by a provision of the Social Security Act which required deductions from disability benefits to offset workmen's compensation payments? (MultiRegion, United States of America)
Does the doctrine of collective bargaining apply to both parties to a collective bargaining agreement? (MultiRegion, United States of America)
What is the meaning of a collective agreement provision in the context of the Canada Revenue Agency? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.