TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

52 Twenty-sixth Annual Report of the National Labor Relations Board
A contract will be consideied prematui ely extended if during its
term the contracting parties execute an amendment thereto or a new
contract which contains a later terminal date 66 But the extension
will not be held premature when made (1) dining the 60-day msulated
period preceding the terminal date of the old contract, (2) after the
terminal date of the old contract, if notice by one of the parties forestalled
its automatic renewal or it contained no renewal provision,
01 (3) at a time when the existing contract would not have barred an
election because of other contract-bar iules 61
Consistent with these rules, the Board held in one case that a new
contract executed by the parties midterm a previous contract was not
subject to its premature-extension rules, where at the time the new
contract was executed the old contract could not opei ate as a bar under
the Board's expanded unit formula 62 The Board noted that it intended
to pei mit contracting parties to coirect their existing contracts
by appiopriately rewriting those defective as a bar because of
contract-bar rules, and that such a coirected contract would operate
as a bar for its reasonable term 63
5 Impact of Prior Determination
To promote the statutory objective of stability in labor relations,
representation petitions under section 9 are barred during specific
periods following a prior Board determination of representatives
Thus, according to longstanding judicially approved Board practice,
the cei tification of a repiesentative ordinarily will be held binding
for at least a year 64 In addition, section 9(c) (3) specifically prohibits
the Board nom holding an election during the 12-month period
following a validelection in the same group
a One-Year Certification Rule
Under the Board's 1-year rule, a certification is a bar foi 1 yeat to
a petition for employees in the certified unit,65 and a petition filed
befoie the end of the certification year will be dismissed, 66 except whet e
the certified incumbent and the employer have executed a new contract
during the certification year 67 In that situation, the certifica-
60 Deluxe Metal Furniture Co , above, at 1001-1002
lbad
62 Foremost Ape/sauce Col p, 128 NLRB 1033 For a discussion of the expanded unit
aspect of this case, see above, pp 41-42
Cf Wood Contersson Co, 125 NLRB 785 (1959)
"See Ray Broola y NLRB, 348 US 96 (1954)
Ksmberdy ClarL Col p , 61 NLRB 90 (1045)
Centr-O-Cast d Engineering Co, 100 NLRB 1507 (1052)
"Ludlow Typograph Co , 108 NLRB 1463 (1054) , Nineteenth Annual Report (1954)
p 85, Twenty first Annual Report (1956), p 49-50 See also The Great Atlantic ,F
Pacifir Ten rn 125 NLRB 252, footnote 5 (195n) , Twent y-fifth Annual Report (1960)
p 30