NATIONAL LABOR RELATIONS BOARD

VII. PRINCIPLES ESTABLISHED 137
Where by the terms of an agreement recognition is granted to the
contracting labor organization as the representative of its members
only, such a contract has no effect upon the determination of the
question concerning representation. This principle was announced in
Matter of Northrop Corporation, 53 in the following words:
= * * the Company took the position that the agreement was a binding one,
and that it prevented the Union from making any claim other than that of
representing its own members * * * As we have decided before, the Act and
not the particular agreement furnishes the rule that must guide the Board in
its determination. The agreement in this case cannot foreclose the claim of
the Union to be certified as the exclusive representative, which right must be
decided solely by reference to section 9 (a) of the Act. Nor can the Union
be said to be estopped by reason of any such agreement. The agreement therefore
has no effect upon the determination of the issues in this proceeding."
In Matter of Red River Lumber Company, 55 the existing contract
provided that it was to be automatically terminated if and when the
Board found the contracting union not to be the designated exclusive
bargaining agency. Since the contract contemplated action by the
Board, it obviously did not foreclose the question concerning representation.
In Matter of Zellerbach, Paper Company," the employer
signed a contract by the terms of which it agreed to negotiate with
the union, provided a majority of its employees were members of the
contracting union. In Matter of Consolidated Aircraft Corporation,
the contract, by its own terms, was terminable if a majority of the
employees in the unit should elect other representation. In view of
the express terms of these contracts, it was clear that the contracts
were no bars to elections, and the Board found accordingly.
International Mercantile Marine et at. and National Maritime Union of America, 2 N. L.
R. B. 971, precludes any assertion of rights under contracts which it has made with any
of these companies." See also Matter of Cote Bros. Inc. and International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers of America, Bakery Drivers Local No. 686,
7 N. L. R. B. 70.
" Matter of Northrop Corporation and United Automobile Workers, Local No. 229, 3
N. L. It. B. 228.
" The principle has been followed in these cases: Matter of City Auto Stamping Company
and International Union, United Automobile Workera of America, Local No. 12, 3 N. L. R. B.
306; Matter of Pennsylvania Greyhound Lines et al. (Southeastern Greyhound Lines) and
The Brotherhood of Railroad Trainmen, 3 N. L. R. B. 622, 640; Matter of General Mills,
Inc.. doing buainesa under the trade name of Washburn Crosby Company and Flour, Feed,
and Cereal Workers Federal Union No. 19184, and United Grain and Cereal Workers, Local
No. 240, 3 N. L. R. B. 730; Matter of McKesson & Robbins, Inc., Blumauer Frank Drug Division
and International Longshoremen d Warehouiremens Union, Local 9, District 1, affiliated
with the C. I. 0., 5 N. L. R. B. 70; Matter of Horton Manufacturing Company and United
Electrical & Radio Workers of America, Local 904, 6 N. L. R. B. 2 and 7 N. L. R. B. 557:
Matter of Diamond Iron Works and United Electrical Radio Machine Workers of America,
Local 1140, 6 N. L. R. B. 94; Hatter of Unit Cast Corporation and Steel Workers Organizing
Committee, 7 N. L. R. B. 129; Matter of Santa Fe Trails Transportation Company and
International Association of Machinists, Local Lodge isos, 7 N. L. R. B. 358; Matter
of Fisher Body Corporation and United Automobile Workers of America, Local 76, 7 N. L.
R. B. 1083; Matter of Pressed Steel Car Company, Inc. and Steel Workers Organizing
Committee, 7 N. L. R. B. 1099. Since an agreement which grants recognition to the
contracting union for its members only does not preclude the certification of representatives,
it is clear that there is no merit in the contention that the individual contracts under
which a majority of screen writers are employed bar the certification of representatives,
Matter of Metro-Goldwyn-Mayer Studios, and Motion Picture Producers Assn., et al., and
Screen Writers' Guild, Inc., 7 N. L. R. B. 662. Equally clear is the fact that the posting
of a notice or statement of policy promulgated as a unilateral act on the part of the
employer and without the assent of the union does not bar a certification by the Board,
Matter of Daily Mirror, Inc. and The Newspaper Guild of New York, 5 N. L. R. B. 362;
Matter of Lunkenheimer Company and Steel Workers Organizing Committee, 4 N. L. R. B.
1131.
55 Matter of Red River Lumber Company and Lumber and Sawmill Workers Union Local
No. 53 of International Woodworkers of America, 5 N. L. R. B. 663.
" Matter of Zellerbach Paper Company and International Longshoremen and Warehousemen's
Union, Local 1-96, 4 N. L. R. B. 348.
47 Matter of Consolidated Aircraft Corporation and International Union, United Automobile
Workers of America, Local 2vo. 506, C. I. 0., 7 N. L. R. B. 1061.