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Kushnir was not expected to return, and the question of his replacement was left open.

His temporary replacement was a non-union employee from the gravel pit, Bruce Hunchard.

An employer has no duty, however, to recognize or bargain with a union representing only a minority of such employees indeed, to do so would be an unfair labor practice. These trucks are stored and maintained at two garages, one in Walpole about one-fourth of a mile from the West plant and one on the premises of the Wrentham plant.

located in Wrentham, Massachusetts; and Norfolk Sand and Gravel Co. After the stones and gravel are crushed, sorted, and washed at one of these places, they are transported to customers in trucks also owned and operated by Lorusso & Sons.

As noted earlier, the parties did reach an agreement that Hart, who had applied for union membership, would be covered.

In 1975, six of the employees of West and Wrentham were members of Local 4.

This discussion resulted in an agreement that the contract would continue to apply only to these six union members and their replacements.3 The parties further agreed that Di Pietro would retire and not be replaced, leaving a total of five workers covered by the two contracts.

Following the industry-wide shutdown in 1975, union agents William O'Keefe and Walter Ryan met with the Lorusso brothers Antonio, Jim, and Sam for a wide-ranging discussion of the various Lorusso operations and the issue of who was covered under the contracts.

Crognalo was expected to return to work, and the company was continuing to pay his salary in the interim.

At the time of the 1976 negotiations, two of the five union members were out of work due to heart attacks.

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