TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 43
pi opriately rewiiting those defective as a bar under its iules," and
that such a corrected contract would operate as a bar for a reasonable
term It also observed that while the General Extrunon rule
speaks in terms of the percentage of expansion as of "the time of the
hearing" it would apply the expanding unit formula to the situation
in this case "as of the time the new contract was executed"
(c) Changed ownership
The assumption of the operations by a pm chaser in good faith who
has not bound himself to assume the bargaining agreement of the
prior owner of the establishment removes the cont. act as a bar 95 To
be a bar, the assumption of the prior contract by the new employer
must be express, and in writing 00 Thus, a contract was held no bar,
notwithstanding a successorship clause that it would be bmding upon
the parties, "their successors, administrators, executors and assigns,"
where the new employer did not agree to assume it 97 However, where
a new owner entered into an agreement with a ...union to retain the
existing work force, and to adopt "all of the terms, conditions, and
obligations" embodied in a contract between its predecessor and the
same union, the Board held that the current employer had entered
into a new conti act which incorporated by reference all applicable
terms and conditions of the predecessor's contract, including termination
date, and barred a petition filed more than 150 days before
the terminal date of the new agreement 95
c Duration of Contract
Under the Board's present practice, a valid collective-baigaming
agreement is held to bar a determination of representatives "for as
much of its term as does not exceed 2 years " °° A contract with a fixed
term of more than 2 years will be treated as for a fixed term of 2
years Where the execution date and the effective date of a contract
differ, the 2-year period during which the contract is operative as a
bar is detei mined from the effective date rather than from the execution
date 2 But a contract of indefinite duration 3S considered ineffective
as a bar for any period 5
93 See Deluxe Metal Fur :satire Co, 121 NLRB 993, 1001-1002 (1958)
"See above, p 42
95 Genes at Dxt, !mon Co, Inc , aboi e
Amerscan Concrete Pipe of Hawaii, Inc 128 NLRB 720 See cases cited theiein
▪ Magbee Stone Co • 120 NLRB 487
99 Mid Continent Carton Corp, 131 NLRB No 60
In Pacific Coast Ann of Pulp and Paper Manufacturers, 121 NLRB 990 (1958) , Twenty
fourth Annual Report (1959), p 2.3
▪ Morgan Transfer it Storage Co • 131 NLRB No 173, Ardan's Department Store of
Mschigan, Inc , 131 NLRB No 88 , Western Farmers dean, 128 NLRB 838
2 May Department Stores Co , 129 NLRB 21 See also Twenty-fltth Annual Report
(1960),p 20
' W Horace Williams Co , 130 NLRB 223