TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Representation Cases 51
The Boaa d has also held that a claim by a nonincumbent union
prior to the insulated period unsuppported by a timely petition cannot
forestall the operation of the insulated period 58
(3) Termination of Contract
A contract ceases to be a bar to a rival petition upon its termination
However, termination of a contract during the 60-day insulated
period does not render timely a petition filed during the 60-day
pei iod 51
A conti act u ill be deemed terminated foi colai act-bar purposes if
t emulated by mutual assent, or pursuant to its teims,55 or if a notice
of termination or cancellation is given because of breach of a basic
contract provision 59
(a) Automatically renewable contracts
In the case of an automatically renewable contract—as in the case
of a fixed-term contract—a petition is untimely.of filed during the
60-day insulated peliod pi ececling the conti act's expiration date
Under piesent inks, automatic renem al for contract-bar purposes is
forestalled by—
Any notice of a desire to negotiate changes in a contract received by the other
party thereto immediately preceding the automatic renewal date provided for
in the contract despite provision or agreement for its continuation during
negotiations, and regardless of the form of the notice
The Board held that a 2-year automatically renewable conti act
which the parties agreed to extend "pending the termination of [a
epresentation] pioceeding ' was no bar to a petition tamely filed more
than 60 days but not over 150 days prior to the original expiration of
the contract 58
(4) Premature Extension of Contract
Tlie Boatd adhei es to the gei Lei al itile that a pi mat u iely extended
conti act will not, bat a petition which is timely in relation to the
original conti act's teimmal date HOWES% er, in view of the Debt=
Metal requirements, a petition to be timely must be filed over 60 days,
but not mole than 150 days, befoie the original contract's teimmal
date If so filed, the petition is timely in relation to the extended
contract 59
" City Cab, Inc • 128 NLRB 493
" See Deluxe Metal Fuiniture Go, 121 NLRB 995 Twenty-fourth Annual Report
(1959), p 33
55 See G 0 MVP phy Go, 128 NLRB 908
" See Tnenty-fourth Annual Report (1959) p 34
NT Deluxe Metal Fai Ware Go, above For the effut of belated notice and of notlee
tinder modification clauses see Twent3 fourth Annual li pport (1959), pp 32-14
"Jut Transportation Corp, 128 NLRB 780 783
5, See Twenty fifth Annual Report (1960). P 45
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