NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 135
America and had favored this union over the Progressive Miners of
America. Consequently, the Board directed an election despite the
existence of a contract with the United Mine Workers of America
providing for a closed-shop and check-off."
Another reason for holding that the existence of a contract does
not affect the determination of the issues raised by the question
concerning representation has been found in several cases in the
fact that the contract was executed after the proceeding for investigation
and certification was pending before the Board.4° The same
principle has been applied in cases involving the renewal of a contract
after a petition for investigation of representatives had been
filed with the Board, as in Matter of American France Line et al.
(Shepard 'Steamship Company),41 and Matter of Unit Cast Corporation."
In Matter of Pacific Lumber Inspection Bureau, Inc.," a contract
recognizing Northwest Lumber Inspectors' Association as the
sole bargaining agency provided for automatic renewal if written
notice was not given at least 60 days before the expiration date. The
Board, in its direction of election issued after said expiration date,
found that the petition for investigation had been filed more than
60 days before the expiration date of the contract and that, therefore,
the contract presented no barrier to the determination by the Board
of representatives for the purposes of collective bargaining.
Where the contract is about to expire, the Board has held that it
does not preclude the holding of an election or the certification of
representatives. In Matter of Atlantic Footwear Company, Inc.,“
the Board, in its decision and direction of election issued February
12, 1938, - held that a contract which would terminate on February 15,
1938, presented no problem with respect to the Board's consideration
of the issues in the case. A similar conclusion was reached in Matter
of Shipowners' Association of the Pacific Coast," in which the contract
specified July 31, 1938, as the last day for notice of a desire to
" Obviously, no impediment to an investigation and certification of representatives by
the Board is created by the existence of a contract with an organization which the Board
finds had its inception in the unfair labor practices of the employer and which it orders
the employer to disestablish. Matter of H. B. Fletcher Co., and Granite Cutters' International
Association of America, 5 N. L. R. B. 729; matter of Eagle Manufacturing Company
and Steel Workers Organizing Committee, 6 N. L. R. B. 492.
"Matter of American-West African Line, Inc. and National Marine Engineers' Beneficial
Association, 4 N. L. R. B. 1086, where the union which entered into a closed-shop
contract had notice of the filing of the petition on the day before the contract was
signed ; Matter or Wilmington Transportation Company and Inland Boatmen's Union of
the Pacific, San Pedro Division, 4 N. L. R. B. 750, where the agreement granting exclusive
recognition was entered into subsequent to the time that the petition was filed and
subsequent to the time when notice of hearing was served upon all parties ; Matter of
California Wool Scouring Company and Textile Workers Organizing Committee, 5 N. L.
R. B. 782, in which the Board, after making a series of findings, concluded : "It is therefore
clear that at the time the Company and the Amalgamated signed the closed-shop
agreement they had knowledge that this proceeding was pending before the Board.
Under the circumstances we conclude that the closed-shop agreement does not affect the
determination of the issues herein." See also Matter of Tennessee Electric Power Company
and International Brotherhood of Electrical Workers, 7 N. L. R. B. 24, and Matter of
Joseph S. Finch c6 Co., Inc. and United Distillery Workers Union, Local No. 3, 7 N. L. R. B. 1.
"Matter of American France Line et al. (Shepard Steamship Company) and International
Seamen's Union of America, 7 N. L. R. B. 79.
"Matter of Unit Cast Corporation and Steel Workers Organizing Committee, 7 N. L.
R. B. 129.
"Matter of Pacific Lumber Inspection Bureau, Inc. and Northwest Lumber Inspectors'
Union, Local No. 20,877, 7 N. L. R. B. 529.
" Matter of Atlantic Footwear Company, Inc., and United Shoe Workers of America of
the C. I. 0., 5 N. L. R. B. 252.
"Matter of Shipowners' Association of the Pacific Coast, Waterfront Employers Association
of the Pacific Coast, The Waterfront Employers of Seattle, The Waterfront Employers
of Portland, The Waterfront Employers Association of San Francisco, The Waterfront
Employers Association of Southern California. and International LOngshoremen'a
and Warehousemen's Union, District NO. 1, 7 N. L. R. B. 1002.