TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 49
new officers were appointed in the cont acting union, meetings of that
union were held, and the union continued to administer the contract
It noted, moreovel, that the record did not show "that there exists
in the international union a basic intraumon conflict over policy
lesulting in a disruption of existing intraunion ielationslups," as
requited to constitute a schism
f. Effect of Rival Claims and Petitions, and Conduct of Parties
Uncle" the Board's lules, as ievised in the Deluxe Metal Furniture
decision 43 during fiscal 1959, an asserted contract may not bar a piesent
election in certain situations because of a timely rival claim GI
petition, or the parties' conduct legarding their contract
(1) Substantial Representation Claims
The Board will deny contract-bar effect to collective-bargaming
agreements executed at a time when the employer was con ft onted with
a substantial, as distinguished from an unsupppited, lepiesentation
claim
Gene" ally, to constitute a substantial claim, the claim of a nonincumbent
union must be suppoited by a petition filed at an appro-
'mate time," unless the nomitcumbent union has ieframed from filing
a petition in ieliance upon the employet's conduct indicating that
recognition had been granted ot that a contract would be obtained
without an election 4r' In one case, howevei. the Board held that a
nonmcumbent union made a "substantial claim," and that a contract
executed afte" such claim but before its petition was no bar, where (1)
a week before the execution of the contract with a previously incumbent
union, the employe' enteted into an agreement with the pettione"
admitting that the petitionei tepresented a majority of the employees,
and agreeing that in order to avoid any jurisdictional disputes the
petitioner would ask for an election before a specified date and the
employer would recognize whichever union won the election, and (2)
the nonincumbent's petition was filed before the date specified in this
agreement 46 The Board noted that although the petitioner was
neither promised nor led to believe that it could obtain recognition
without an election, the employer had "lulled Petitioner into a sense of
security leading it to believe that it had a commitment that recognition
would not be granted and a contract would not be executed
with any union until after the results of a Board election, provided
the Petitioner would request such election before" the date specified
43 Deluse Metal Furniture Co , 121 NLRB 995 (1958) , Twenty-fourth Annual Report
(1959), pp 28-34
44 See City Cab, Inc , 128 NLRB 493
"Deluxe Metal Furniture Co , above, at 998-999 (1958) , Twenty-fourth Annual Report
(1959), pp 28-29
4e Greenpoint Sleep Producte, 128 NLRB 548