TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

42 Twenty-sixth Annual Report of the National Labor Relations Board
their jobs or functions, was held a bar to a petition for the employees
at the new location
(a) Prehire contracts and section 8(f)
It is the Board's established rule that a contract executed before any
employees were hired is not a bar 83 During the past year, the Board
had occasion to consider for the fast time the effect upon this rule of
that portion of recently enacted section 8(f) 84 which provides that
it shall not be an unfair labor practice for an employer engaged primarily
in the building and constiuction industry to make a prehue
contract under cei tam circumstances 85 Noting that section 8(f) itself
provides that any such agreement shall not be a bar to a petition
filed pursuant to section 9(c), it held such a prehire contract no bar
to a petition 86
(b) Execution of new contract after increase in personnel
A contract executed before a substantial increase in personnel is a
bar only if at least 30 percent of the work force employed at the time
of the hearing was employed at the time the contract was executed,
and 50 percent of the job classifications in existence at the time of the
hearing were in existence at the tune the contract was executed 81
However, after a contract is removed as a bar because of changes in
the employer's operations, an amendment thereto, or a new agreement,
embi acing the changed operation will, subject to the mules relating
to premature extension, 88 serve as a bar to a petition filed after its
execution 8° Thus, m one case,° a new contract executed duling the
term of a prior contract was held a bar where the prior contract would
not have been a gar under the Board's rules because of an expanded
unit—less than 30 percent of the complement employed at the time
the new contract was executed was employed at the time the old conti
act was executed °' The Board pointed out that in announcing its
ule in General Extrusion° that a contract will not bar an election
if executed prior to a substantial increase in personnel, it intended to
permit contracting parties to correct their existing conti acts by ap-
82 Foremost Appliance Corp, 128 NLRB 1033
ea General Extrusion (Jo , lac, above
84 See 8(f) was added by the Labor-Management Reporting and Disclosure Act of 1919,
enacted Sept 14, 1959, and became effective 60 days thereafter
88 See also below, p 100
se fl B Burford, Inc , 130 NLRB 1641
87 General Extrusion Co • lac, above
u See below, p 51
ba General Extrusion (Jo, Inc. 121 NLRB 1165
Foretno8t Appliance Corp, 128 NLRB 1033
el For premature extension aspect of case, see discussion below, p 52
2i NLRB L165, 1187