NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 127
1. THE ExISTENCE OF A QUESTION CONCERNING REPRESENTATION
Section 9 (c) empowers the Board to certify representatives only
when a question concerning the representation of employees has arisen.
"Whether such a question exists is a question of fact to be determined
upon the circumstances existing in each case.
The question is not necessarily dependent upon whether or not an
employer has been requested to bargain collectively and refused.87
But in instances where a demand has been made and the employer has
refused to bargain collectively, the employees have a choice of either
proceeding under section 8 (5), or asking an investigation and certification
under section 9 (c). It is obvious that a labor organization will
normally invoke the 9 (c) proceeding after a refusal to bargain only
where it is uncertain of the right to represent a majority or as to the
propriety of the unit, or where it does not wish to establish that right
except through the use of a secret ballot.
The circumstances which the Board has found to establish the
existence of a question concerning representation are too diversified to
be cataloged. It may be that the eniployer simply fails to reply to a
request of a labor organization for recognition as bargaining representative,
as in Matter of Paragon Rubber Co.-American Character
Doll Company, 88 and in Matter of Pier Machine Works, Inc.; 89 or refuses
to meet with a labor organization unless it is represented by an
employee of the company, as in Matter of The Ontario Knife Com,-
pany." It may be also that the employer, while willing to bargain,
refuses to recognize a labor organization as representative except for
its own members , as in Matter of Armour and Company, 91 and in Matter
of Mackay Corporation of Delaware, Inc.; 9 2 or refuses to
negotiate a contract until a competitor has done so, as in Matter of
Atlantic Basin Iron Works."
Many of the cases in which a question concerning representation
has been found to exist involve refusals to bargain based upon nonacceptance
by an employer of the claim of a labor organization that
it represents a majority of the employees. Such a question has been
found to exist where the employer expresses doubt as to the validity
of the claim of a labor organization that it represents a majority, as
87 No demand to bargain collectively had been made in Matter of Johns-Manville Products
Corporation and International Union of Mine, Mill cE Smelting Workers, 7 N. L. R. B.
1055, or in Matter of Ohio Steel Foundry Company and International molders Union of
North America, 6 N. L. R. B. 127. In Matter of Fitzgerald Cotton Mills and Textile
Workers Organizing Committee, 4 N. L. R. B. 1121, and in Matter of Sheba Ann Frocks,
Inc. and International Ladies' Garment Workers' Union of America, Locals 121 and 04,
3 N. L. R. B. 97, the Board held that it was not necessary to resolve the conflicting testimony
as to whether or not a demand had been made In Matter of Granite Finishing
Works of Proximity Mfg. Company and Textile 1Vorkers Organizing Committee, 7 N. L.
R. B. 364. and in Matter of National Weaving Company and Textile Workers Organizing
Committee, 7 N. L. R. B. 916, the Board denied motions to dismiss which alleged
that the petitions were filed prematurely since at the time of filing no demand had been
made.
Matter of Paragon Rubber Co.-American Character Doll Company and Toy if Novelty
Workers Organizing Committee of the C. I. 0., 6 N. L. R. B. 23.
gg Matter of Pier Machine Works, Inc. and Industrial Union of Marine and Ship
Building Workers of America, Local No. 13, 7 N. L. R. B. 401.
"Matter of The Ontario Knife Company and Cutlery Workers Local Union No. 20452,
4 N. L. R. B. 29.
" Matter of Armour and Company and United meat Packing Workers, Local No. IP,
6 N. L. R. B. 613.
92 Matter of Mackay Radio Corporation of Delaware, Inc. and Mackay Radio d Telegraph
Company, a Corporation and American Radio Telegraphists' Association, 5 N. L. R. B.
657.
93 Matter of Atlantic Basin Iron Works and industrial Union of Marine and Shipbuilding
Workers of America, Local No. 13, 5 N. L. R. B. 402.