TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 41
unit which included the food department employees " Similarly, a
contract coveiing an employer's meat-canning plant was held no bar
to a petition for the employei's can-manufactining plant, where the
employer had iejected a pi oposal that the contract expressly cover
both plants and there was nothing to indicate that the contract was
applied to the can-manufacturing plant 74
Although the contract in one case contained language susceptible
of the interpretation that it covered ceitain employees, the contract
was held no bai to the inclusion of these employees in a requested unit
since the contracting union had m fact not bargained for such employees,
and the employer had unilaterally established wage rates and
working conditions fox them without protest from the union 75 And
m another case, the Board held a contract not a bar to an election in
a gum d unit wheie, contrary to the provisions of section 9(b) (3), the
ontract unit included employees other than guards, and the cont.]. actng
union admitted to membership employees other than guards 76
(1) Change of Circumstances During Contact Term
The Boo d's 1 ules as to the effectiveness of a conti act as a bar where
changes in the employer's operations and peisonnel complement have
occurred during the conti act teim were ieappi aised and iestated in the
General Extruezon case,77 during fiscal 1959
Applying these rules dui mg the past yeat, the Boaid held contracts
no bar where at the time the parties sought to include future employees
of a new plant, and amended their conti act, the new plant was incomplete
and without an employee complement , 78 wheie at the time
the contract was executed the new plant was not in operation with a
substantial and representative force , 79 and where new °pet ations were
not mere normal accietions to the units coveied by the conti acts 80
However, the permanent tiansfei of employees from one warehouse
to another covered by a contract was held not to remove the contract
as a bar since the cuirent operations of the waiehouse covered by the
contract were substantially the same as its opeiations at the time the
contract was executed, and theie had been no substantial increase m its
personnel 81 Similarly, a contract covering employees at plants then
in operation as well as at a future contemplated location to which all
employees were later transfei red, without change in the chaiacter of
73 Bargain City, U S A. , Inc , 131 NLRB No 104
76 Libby, At LE Libby, 130 NLRB 267
75 Tonga Publishing Co • Ltd , 181 NLRB No 31
76 Watchmanitore, Inc , 128 NLRB 903 See also abor e, p 37, and below, p 54
Tr Gene; al Extrusion Co , Inc ., 121 NLRB 1165 (1958) See Twenty-fourth 4nnual Re
port (1959), PP 21-22, Twenty fifth Annual Report (1960), pp 28-29
Bzura Chemical Co, Inc, 129 NLRB 929
7° Libby, McNeill d baby, 180 NLRB 267
80 See, e g, Horgan Transfer d Stoi age Co , Inc, 131 NLRB No 173, Buy Low Super
market, /no, 131 NLRB No 4, Houck Transport Co , 130 NLRB 270
=Jones 4 Laughlin Steel Corp • 130 NLRB 259