St. Paul recorder., 1963-01-04
Biased Unions hit:
Biased Unions Hit:
NAACP Position
Backed BY NLRB
AqdinSf Unions

N9NAbhuSb SIuBSHIS
Washington (ANP) - The MA
ACP found comfort last week in
a unanimous decision by the Ma
tional Labor Relations board that
II a labor unions contract with a
company sanctions racial discrim-
ination, another union is free to
seek the right to represent the
company's employees.
However, more nearly in line
with demands Of the NAACP
which have been bitterly opposed
by the AFL-CIO, was a warning
by the board that unions guilty of
racial discrimination may be in
danger Of losing their certifica-
ton.
Although the issue Of certifica-
ton wasn't involved in the case
under consideration, the board re-
marked the execution Of such
contracts Is In patent derogation
Of the certihcation" given the
union by the board as bargaining
agent for the employees and
would warrant revocation of the
certification."
Lifting Of board certification
would mean the union would no
longer be the bargaining agent for
the employees unless the employer
recognized 1t as such without an
election.
Nor could a decertified union
bring unfair labor practice charges
against an employer before the
board.
Disqualification is the punishment
the NAACP has asked for an At
lanta local Of the United Steel
workers of America. The group
charges the local Disseminated
against Negro members. The Steel
workers have denied the charges.
The case Is one reason for the
hard feelings between the NAACP
and the AFL-CIO. Federation pres
ident George Meany has said the
AFL-CIO won't be able to cooper
ate with the NAACP any longer
unless it stops making what he
terms untrue complaints about un-
ions.
The decision by the five-man
board creates an exception to its
contract bar" rule. Generally, the
rule is that a contract of three
years or more between a company
and a union acts as bar for three
years to a bid by another union
to seek representation of the
company's workers.
The case involved Pioneer Bus
Co. of Houston. The company had
five-year contract, starting in
1860, with the Bus Drivers, Dis
patchers and Shop Employees In
dependent Union of Houston.
In July the AFL-CIO Transport
Workers Union asked the board to
permit an election to determine
which union should represent the
company's employees. The company
and the independent union replied
the boards contract bar" rule
blocked the election bid at that
time.
But the board ruled in favor Of
the election. Since 1866, it said,
the independent union and the
company had a two-unit bargain
I ing relationship. One unit was the
Pioneer Bus Lines and all its
members were whites; the other
was the Trinity Gardens Bus Line
and all its members were Negroes.
In contract negotiations, the
board contended, the employer met
separately with the two units and
wrote separate contracts; these
contracts contained separate lists
Of seniority for whites and Ne
groes.
In line with court decisions con-
demning Government sanction Of
racially separate groups as in
herently discriminatory" the MI
RIB said 1t will not permit its
contract bar rules to be utilized
to shield contracts" like these.
Where the bargaining representa-
tive Of employees in an appropriate
unit executes separate contracts,
or even a single contract, discrim-
mating between Negro and white
employees on racial lines, the board
will not deem such contracts as a
bar to an election"