NATIONAL LABOR RELATIONS BOARD

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IV. PRINCIPLES 'ESTABLISHED 55 I. ISSUANCE OF DIRECTION OF ELECTION OR CkatTIFICATION Section 9 (c) empowers the Board to certify representatives only when a question concerning representation exists. The Board find: that such a question exists whenever the machinery of section 9 (c) can be used to remove obstacles to collective bargaining arising from doubt or disagreement as to the representatives entitled to bargain for employees in an appropriate unit, in accordance with section 9 (a) of the Act. Whether such an obstacle exists is a question of fact to be determined upon the evidence in each case. As has been stated in prior annual reports, 69 no removable obstacle to bargaining exists, where the petitioning union does not present sufficient proof to establish the probability that it may be selected collective bargaining representative by a majority of the employees in an appropriate bargaining unit. Thus, in Matter of Montgomery Ward &Company 70 the petitioning union, the only labor organization involved, established that it represented no more than 209 employees in a unit of 924. Many of the authorization cards had been signed from 4 to 12 months prior to the hearing. The Board dismissed the petition, stating that 'We are of the opinion that the Union has not made a sufficient showing of present representation of employees in the alleged appropriate unit to raise a question concerning representation * * *." The Board, as stated in previous annual reports, 71 has been confronted with the necessity of deciding, in particular cases, whether it should proceed to an immediate election in the face of a collective bargaining contract. The Board has frequently held that as a matter of policy it will not proceed to an election where the contract grants exclusive recognition, is to be effective for a reasonable period of time, and was negotiated with the statutory representative prior to any claim by the petitioning labor organization to represent the employees. 72 The Board so held, in Matter of Eaton Manufacturing Company," although it appeared there that the contract had not been authorized or ratified by the membership in accordance with the bylaws of the contracting union. In Matter of Hettriek Manufacturing Company 74 the petitioning labor organization claimed that, prior to the execution of a contract by another labor organization, it "recommended" to the company that they "attempt in some way to determine more clearly who the bargaining representative [is]." The company denied that any such suggestion was made. The Board stated : Assuming that the T. W. U. A. [the petitioner] did make an oral claim on February 8, 1910, to represent a majority of the employees, it was not until after the new contract had been made that the T. W. U. A. filed the petition herein. In view of the fact that prior to the execution of the 1940 contract only an oral claim of majority, at best, had been presented to the Company by the T. W. U. A., that it was not until after the 1940 contract had been consum- (19 Fifth Annual Report, p. 54; Fourth Annual Report. p. 74. "Matter of Montgomery Ward d Company and Office Em ployees Union, etc., 31 N. L. R. B.., No. 153. 71 Fifth Annual Report, pp. 55-56; Fourth Annual Report, pp. 74-75. " Matter or Leo Hart Co., Inc. and Allied Printing Trade Union, 26 N. L. R. B., No. 12: Matter of Detroit and Cleveland Navigation Co. and National Organization of Masters, Mates, and Pilots of America, A. P. of L., etc.. 29 N. L. R. B.. No. 33. 73 Matter of Eaton Mfg. Co. and International Union, United Automobile Workers of America, C. I. 0., 29 N. L. R. B. No. 12. 74 Matter of Hettrick Mfg. Co. and Textile Workers Union of America, 25 N. L. R. B., No. 79; cf. Matter of Adams d Westlake Co. and International Association of Machinists, etc., 30 N. L. R. B., No. 172.
56 SIXTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARD mated that a petition was tiled by the T. W. U. A. and that the showing of representation made by the T. W. U. A. does not create a substantial doubt concerning the Federal's majority at the time the contract was renewed or at the time of the filing of the petition, we are of the opinion that as a matter of policy under the Act and in the interest of the stability of collective bargaining agreements the Board should not, in the circumstances here presented, make a new determination of representatives at this time. In Matter of Hatfield Wire and Cable Company 75 the Board refused to proceed to an immediate election in the face of a collective bargaining contract, although the contract was executed after a petition for investigation and certification was filed, because the contract was entered into pursuant to an understanding which had been made before the petition was filed and in which the petitioning labor organization had acquiesced. As noted in prior annual reports, 76 a contract which does not provide for exclusive recognition is not a bar to an immediate determination of representatives. 77 Accordingly, and in view of the purposes of the Act, the Board held, in Matter of Hardy Manufacturing Company," that such a determination could not be precluded by a contract executed by a committee of the petitioning union which provided for a deferment of the question of exclusive recognition for 6 months. In Matter of National Battery Company" the Board ordered an immediate election where the evidence raised substantial doubt as to the continued existence of the contradting union. In Matter of United Stove Company, 8° subsequent to the execution of an exclusive recognition contract, the employees took the necessary steps to change the affiliation of their organization: The Board directed an election, stating : The Board notes that this case does not involve a contest between rival labor organizations competing for majority representation during the existence of a valid outstanding exclusive bargaining contract, but that substantially the entire membership of Local 630, A. F. L.-U. A. W., acting upon their own initiative, disbanded the local, surrendering its charter, and transferred their affiliation to the C. I. A. W. As has been stated in previous annual reports, the Board will not customarily exercise jurisdiction where a dispute exists solely between unions affiliated with the same parent organization.81 Where another labor organization not affiliated with the same parent organization also seeks to represent the employees, the Board has directed that an election be held and that both affiliated organizations, as well as the other organization, be put on the ballot, stating, however, that if as a result of the election either of the affiliated organizations should be certified the certification would not be a holding that the Foundry Workers or Local No. 655 Is the union authorized by the American Federation of Labor to assert juris- 75 Matter of Hatfield Wire cf Cable Co. and International Brotherhood of Electrical Workers, etc., 30 N. L. R. B., No. 532— "Fifth Annual Report, pp. 55-56; Fourth Annual Report, pp. 74 et seg.; Third Annual Report, pp. 134 et seq. 1'7 Matter of Crescent Bed Co., Inc. and United Furniture Workers of America, 29 N. L. R. B., No. 6a. 78 Matter of Hardy Mfg. Co. and United Automobile Workers of America, etc., 30 N. L. R. B., No. 5. ' b Matter of National Battery Co. and International Brotherhood of Electrical Workers, etc., 28 N. L. R. B., No. 128. 80 Matter of United Stove Co. and United Automobile Workers of America, etc., 30 N. L. R. B., No. 49. Cf. Matter of Kahn cf Feldman, Inc. and United Textile Workers of America, 30 N. L. R. B. No. 45. a See particularly, Third Annual Report, pp. 132-133; Fifth Annual Report, pp. 56-57.
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SIXTH ANNUAL REPORT OF THE NATIONAL
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NATIONAL LABOR RELATIONS BOARD WILL
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TABLE OF CONTENTS Chapter Page I. A
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SIXTH ANNUAL REPORT OF THE NATIONAL
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I. A SUMMARY 3 In dealing with disp
Page 12 and 13: I. A SUMMARY 5 report is used as a
Page 14 and 15: ClIAPTE11 It THE NATIONAL LABOR REL
Page 16 and 17: II. THE NATIONAL LABOR RELATIONS ;
Page 18 and 19: III. STATISTICAL RECORD OF BOARD AC
Page 20 and 21: Ill. ,STATISTICAL RECORD OF BOARD A
Page 30 and 31: Metal mining Coal mining Crude petr
Page 36 and 37: TABLE 1 1.-Number of cases and numb
Page 38 and 39: Cases closed otherwise Cases closed
Page 40 and 41: Cases closed by compliance with int
Page 42 and 43: By consent election By pay-roll che
Page 44 and 45: TABLE 19.-Number of elections and p
Page 46 and 47: C. I. 0. alone I A. F. L:C. I. 0 2
Page 48 and 49: IV. PRINCIPLES ESTABLISHED 41 in wh
Page 50 and 51: IV. PRINCIPLES 'ESTABLISHED 43 of o
Page 52 and 53: IV. PRINCIPLES ESTABLISIEIED 45 B.
Page 54 and 55: IV. PRINCIPLES ESTABLISHED 47 Whene
Page 56 and 57: 1V.. PRINCIPLES ESTABLISHED 49 of t
Page 58 and 59: IV. PRINCIPLES ESTABLISHED 51 agree
Page 60 and 61: IV. PRINCIPLES ESTAISLISUEL-ED 53 A
Page 64 and 65: IV. PRINCIPLES ESTABLIS'HED 57 dict
Page 66 and 67: IV. PRE\rCIPLES ESTABLISHED 59 the
Page 68 and 69: IV. PRINCIPLES 'ESTABLISHED 61 vote
Page 70 and 71: IV. PRINCIPLES ESTABLISHED 63 G. TH
Page 72 and 73: IV. PRINCIPLES ESTABLISHED 65 ees a
Page 74 and 75: ni. PRINCIPLES ESTABLISHED 67 4. MU
Page 76 and 77: IV. PRINCIPLES ESTABLISHED 69 pursu
Page 78 and 79: IV. PRINCIPLES ESTABLISHED 71 not b
Page 80 and 81: IV. PRINCIPLES ESTABLISHED 73 ORDER
Page 82 and 83: IV. PRINCIPLES VSTABLISHED 75 the r
Page 84 and 85: I V. PRINCIPLES ESTABLISHED 77 more
Page 86 and 87: IV. PRINCIPLES ESTABLISHED 79 emplo
Page 88 and 89: V. JURISDICTION 81 and outgoing int
Page 90 and 91: CHAPTER VI LITIGATION A decided inc
Page 92 and 93: VI. LITIGATION 85 parties constitut
Page 94 and 95: • VI. LITIGATION 87 B. PRINCIPLES
Page 96 and 97: VI. LITIGATION 89 Antiunion stateme
Page 98 and 99: VI. LITIGATION 91 when none is in e
Page 100 and 101: VI. LITIGATION 93 flict of opinion
Page 102 and 103: VI. LITIGATION 95 Lion. The Board's
Page 104 and 105: VI. LITIGATION 97 Court ruled that
Page 106 and 107: VI. LITIGATION 99 rial ; 32 to refu
Page 108 and 109: VI. LITIGATION 101 Other procedural
Page 110 and 111: VI. LITIGATION 103 D. SPECIAL LITIG
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VI. LITIGATION 105 B. APPLICATION O
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APPENDIX A REGIONAL OFFICES—LOCAT
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APPENDIX A Region 11, Architects In
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APPENDIX B CASES HEARD DURING THE F
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APPENDIX B 113 Jackson Cookie Co.,
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APPENDIX B 115 Western Printing Co.
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APPENDIX B 117 Chrysler Corporation
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APPENDIX B 119 Hardy Mfg. Co., owne
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APPENDIX B 121 Missouri Rolling Mil
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APPENDIX B 123 Selznick Internation
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APPENDIX B 125 Westinghouse Electri
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APPENDIX C 127 Vol. No. Fletcher Pa
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APPENDIX C 129 Vol. No. Texarkana B
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APPENDIX C 131 Vol. No. Sanderson,
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APPENDIX c 133 Vol. No. Cambridge I
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APPENDIX C 135 Vol. No. Gliden Buic
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APPENDIX C 137 Vol. No. Lowenstein
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APPENDIX C 139 Vol. No. Radio Wire
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APPENDIX C 141 Vol. No. Universal P
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APPENDIX C 143 Vol. No. General Mot
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APPENDIX D 145 Valley Mould CC Iron
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APPENDIX D 147 (b) Board orders enf
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APPENDIX D 149 Circe-Simplex Corp.,
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APPENDIX D 151 Seventh Circuit B. Z
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APPENDIX D 153 Pacific Grape Produc
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APPENDIX D 155 Eighth Circuit N. L.
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NATIONAL LABOR RELATIONS BOARD

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