Labor Law – Collective Bargaining – Duty of Employer to Allow Union Time Study

A dispute arose between the employer and the union as to whether certain duties performed by an employee should be classified as “special assignments” as defined in the labor contract. If these duties were “special assignments” the employee was entitled to a higher job classification. Before arrangements could be made for the third step of the grievance procedure the union asked for permission to enter the plant and analyze the job. Permission was denied by the management and the union filed a charge of unlawful refusal to bargain. The trial examiner found that by refusing the union’s request the employer had violated sections 8 (a) (1) and 8 (a) (5) of the amended National Labor Relations Act. On consideration by the Board, held, since there was no evidence of any dispute as to the duties performed by the employee but only as to the classification of these duties, the union had no right to enter the plant and make a time study. Westinghouse Electric Corp., 113 N.L.R.B. No. 105, 36 L.R.R.M. 1416 (1955).