TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 35
2. Existence of Question of Representation
Section 9(c) (1) empowers the Board to direct an election and certify
the results thereof, provided the record of the hearing befoie the
Board 22 shows that a question of representation exists However,
petitions filed under the circumstances described in the first
proviso to section 8(b) (7) (C) are specifically exempted from this
equrt ement 23
a Certification Petitions
Petitions for certification of representatives filed by lepiesentatives
under section 9(c) (1) (A) (i) or by employers under section 9(c)
(1) (B) will be held to lame a question of iepresentation if they are
based on the repiesentative's demand for recognition and the employer's
denial thereof, whether before or during the healing" The
demand for recognition need not be made in any particular foun and
may consist merely of conduct " The filing of a petition by a representative
is itself considered a demand for recognition 26 A petition
is, therefore, not invalid because it fails to alleit that the petitioner
had requested lecognition," or that the employer had denied such
lequest 23 Moreover, the Board does not mdinarily look behind a
petition to the good faith of an employer's refusal to giant continued
lecognition to a union as the bargaining representative of employees
covered by the petition, and will process the petition if the formal
requirements for filmg are met " However, the Board dismissed
petitions where the parties merely sought clarification of an existing
certification 3° or advice as to the appropriateness of existing uncettified
units 31
b. Decertification Petitions
A question of representation may also be raised by a petition uncle].
section 9(c) (1) (A) (ii) which challenges the repiesentative status
of a bargaining agent previously certified oi currently recognized
by the employe' Such decertification petition may be filed "by an
21 A hearing must be conducted "if [the Board]. has reasonable cause to believe that a
question of representation exists"
22 See also NLRB Statements of Procedure, sec 101 23
54 1Varner-Lambert Pharmaceutical Co , Inc, 131 NLRB No 171 Flonda Tile Industries,
lac, 130 NLRB 897 Victory Grocery 00 ,129 NLRB 1415
25 See Twenty-fifth Annual Report (1960), p 23, Twenty-fourth Annual Report (1959),
pp 15-10
27 Florida Tile Industries, above, Tyree's, lac, 129 NLRB 1500
27 Girton Mfg Go, lac, 129 NLRB 650, Alamo-Braun Beef Go, 128 NLRB 32
= See Twenty-fourth Annual Report (1959), p 15
22 Westinghouse Electric Corp, 129 NLRB 846
80 But the Board did grant the petitioner's request to clarify the certification Waitinghouse
Electric Corp (Mansfield Div ), 128 NLRB 31
The Board noted that it was not empowered to give advisory opinions on matters of
this type which ould not be binding eithei on the parties or the Board American Stores
Go, 130 NLRB 678
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