TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

40 Twenty-sixth Annual Report of the National Labor Relations Board
before the filing of the petition °° Where the signing requirement has
been complied with, the conti act will be recognized as a bar even
though it is not embodied in a formal document Thus, an agreement
evidenced by the exchange of a written proposal and a written acceptance,
both signed, may be sufficient However, where not signed by
both parties,° 1 or by persons authorized to sign on their behalf: 12 it
will not be deemed a bar
(1) Date of Execution
Because a contract, to be a bai , must have been executed prior to
the filing of the petition,°3 a question is frequently raised as to the date
a contract is deemed to have been executed 64 The Board has held
that a signed agreement, which was not to become binding until countersigned
by a duly authorized officer of the international union, was
executed as of the date it was countersigned, not before 85 It has also
held contracts no bar where executed by an employer a month after a
petition was filed, 6° where made retroactively effective, and a petition
was filed 1 day following the effective date but before the execution
date, 87 and where dated 1 day prior to the filing of a petition but not
executed until 1 week later 68
Parol evidence as to the date of execution cannot vary the express
terms of the conti act 69 But where a contract is made effective as of a
date subsequent to its execution, the effective date rather than the
execution date is controlling for contract=bar purposes 70
b Coverage of Contract
To bar a petitiqin an asserted contract must clearly cover the employees
sought M. the petition 71 and embrace an appropriate unit 72
Thus, a contract between a union and a food store chain covering its
retail establishments was held inapplicable to a food department managed
by the chain -for another company, under an agreement for a percentage
of the gross receipts, and found no bar to a petition for a
00 Appalachsan Shale Products Co. 121 NLRB 1160 (1958) , I Mow Cab, lac, 131 NLRB
No 41
redloto Cab, Inc , above
▪ Wwkly, Inc , 131 NLRB No 65
°See Appalachian Shale Products Co , above
• For the converse question as to the timeliness of a petition, see the discussion, below,
p 50
(15 Charles Leonard, Inc , 131 NLRB No 137
W Horace Williams Co, 130 NLRB 223
ft Nissen Baking Corp , 131 NLRB No 90
08 Printsng Industry of Delaware, 181 NLRB No 135
Lion Brand, Inc , 131 NLRB No 32
7° Buy Low Supermarket, Inc , 131 NLRB No 4
n Yellow Cab, Ino , 131 NLRB No 41, Ben Aerosystems Co , 131 NLRB No 28
7° See Twenty fourth Annual Report (1859), p 21, for discussion of Appalachian Shade
Products Oo ,121 NLRB 1180 (1958)