NATIONAL LABOR RELATIONS BOARD

136 THIRD ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD
modify or terminate, and the Board's decision and certification of
representatives was issued on June 21, 1938.46
The Board has also held that the existence of a contract does not
preclude action by the Board where the contract in question has been
in effect for a considerable period of time. In Matter of Metro-
Goldwyn-Mayer Studios, 47 there was pleaded as a bar to the proceedings
a written contract entered into between certain of the employers
and Screen Playwrights, Inc. In answer to this contention the
Board said:
This agre,cnnent * * is for a term of 5 years. A year has already expired
and the evidence raises a substantial question as to whether the employees
involved desire the Screen Playwrights to continue to represent them.
We do not believe that, under the policies and provisions of the Act, employees
should be precluded from having the opportunity to select new representatives
for collective bargaining for a period as long as 5 years because of a contra.ct
running for that length of time. We therefore do not consider that the agreement
* • * bars the certification of representatives at this time."
In Matter of Seiss Manufacturing Company," a written contract for
a term of 1 year had been entered into on August 1, 1936, and, upon
its expiration, had been extended pursuant to an oral agreement. The
Board, in its decision and direction of election issued May 26, 1938,
held :
In view of the indefinite term and character of the alleged oral agreement, it
cannot in any event preclude an investigation and determination of representatives
by the Board.
The Board has also ruled that an existing contract does not operate
as a bar to an election or certification by the Board in cases where
"the unit described in the contract as appropriate, and on the basis of
which the contract designates representatives for the purposes of collective
bargaining differs * * * from the unit which the Board
has found to be appropriate," as in Matter of The Kinnear Manufacturing
Company.5°
In Matter of American France Line, 51 the Board held that by
filing the petitions for investigation and certification of representatives,
the petitioning union had waived its rights to assert the existence
of contracts which it had made with various companies included
in the case as a bar to elections.62
0 See also Matter of Sandusky Metal Products. Inc. and American Federation of Labor.
6 N. L. R. B. 12 (direction of election issuethMarch 16, 1938—contract operative until end
of first pay period in April 1938) ; Matter of Martin Bros. Box Company and Toledo Industrial
Union Council, 7 N. L. R. B. 88 (direction of election issued May 10, 1938.—
oral agreement expiring June 21. 1938) : Matter of Brown-Saltrnan Furniture Company
and United Furniture 'Workers of America, Local No. 576, C. I. 0., 7 N. L. R. B. 1174
(certification of representatives issued June 25, 1938—negotiatory period for new contract
beginning July 1, 1938) ; Matter of Arbuckle Bros. and Committee for Industrial
Organization on behalf of employees of Arbuckle Bros., 7 N. L. R. B. 1247 (direction
of election issued June 28, 1938—contract expiring July 18, 1938).
47
matter of Metro-Goldwyn-Mayer Studios, and Motion Picture Producers Assn., et a/.,
and Screen Writers' Guild, Inc.. 7 N. L. R. B. 662.
" See Matter of .Uubinger Company and Corn Products Workers Union. No. 19931, and
Hubinger Company Employees Representation Plan, 3 N. L. R. B. 802 and 4 N. L. R. 13. 428,
in which the contract involved became effective on December 1, 1935, and was to continue
in effect until January 1. 1938. After the contract had been in effect for approximately a
year and a half, the petitioning union, claiming a membership of a majority of the employees.
demanded recognition as sole collective bargaining agent. The Board found that
a question had arisen concerning the representation of employees and, on October 5, 1937,
issued its direction of election.
40 Matter of Sei.88 Manufacturing Company and Committee for Industrial Organization,
7 N. L. R. 13. 481.
50 Matter of The Kinnear Manufacturing Company and Steel Workers Organizing Committee
affiliated with Committee for Industrial Organization, 4 N. L. R. B. 773.
Sr Matter of American France Line et a/. and International Seamen's Union of America,
.3 N. L. R. B. 64.
,2 In the same case, but with reference to the opposing union. National Maritime Union
of America, the Board said : "Similarly the filing of petitions by N. M. U. in Matter of