NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD
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56 SIXTH ANNUAL REPORT OF <strong>NATIONAL</strong> <strong>LABOR</strong> <strong>RELATIONS</strong> <strong>BOARD</strong><br />
mated that a petition was tiled by the T. W. U. A. and that the showing of<br />
representation made by the T. W. U. A. does not create a substantial doubt<br />
concerning the Federal's majority at the time the contract was renewed or at<br />
the time of the filing of the petition, we are of the opinion that as a matter of<br />
policy under the Act and in the interest of the stability of collective bargaining<br />
agreements the Board should not, in the circumstances here presented, make a<br />
new determination of representatives at this time.<br />
In Matter of Hatfield Wire and Cable Company 75 the Board refused<br />
to proceed to an immediate election in the face of a collective bargaining<br />
contract, although the contract was executed after a petition for<br />
investigation and certification was filed, because the contract was<br />
entered into pursuant to an understanding which had been made before<br />
the petition was filed and in which the petitioning labor<br />
organization had acquiesced.<br />
As noted in prior annual reports, 76 a contract which does not provide<br />
for exclusive recognition is not a bar to an immediate determination<br />
of representatives. 77 Accordingly, and in view of the purposes<br />
of the Act, the Board held, in Matter of Hardy Manufacturing Company,"<br />
that such a determination could not be precluded by a contract<br />
executed by a committee of the petitioning union which provided for<br />
a deferment of the question of exclusive recognition for 6 months.<br />
In Matter of National Battery Company" the Board ordered an<br />
immediate election where the evidence raised substantial doubt as to<br />
the continued existence of the contradting union. In Matter of<br />
United Stove Company, 8° subsequent to the execution of an exclusive<br />
recognition contract, the employees took the necessary steps to change<br />
the affiliation of their organization: The Board directed an election,<br />
stating :<br />
The Board notes that this case does not involve a contest between rival labor<br />
organizations competing for majority representation during the existence of a<br />
valid outstanding exclusive bargaining contract, but that substantially the<br />
entire membership of Local 630, A. F. L.-U. A. W., acting upon their own<br />
initiative, disbanded the local, surrendering its charter, and transferred their<br />
affiliation to the C. I. A. W.<br />
As has been stated in previous annual reports, the Board will not<br />
customarily exercise jurisdiction where a dispute exists solely<br />
between unions affiliated with the same parent organization.81<br />
Where another labor organization not affiliated with the same<br />
parent organization also seeks to represent the employees, the Board<br />
has directed that an election be held and that both affiliated organizations,<br />
as well as the other organization, be put on the ballot,<br />
stating, however, that if as a result of the election either of the<br />
affiliated organizations should be certified the<br />
certification would not be a holding that the Foundry Workers or Local No. 655<br />
Is the union authorized by the American Federation of Labor to assert juris-<br />
75 Matter of Hatfield Wire cf Cable Co. and International Brotherhood of Electrical<br />
Workers, etc., 30 N. L. R. B., No. 532—<br />
"Fifth Annual Report, pp. 55-56; Fourth Annual Report, pp. 74 et seg.; Third Annual<br />
Report, pp. 134 et seq.<br />
1'7 Matter of Crescent Bed Co., Inc. and United Furniture Workers of America, 29<br />
N. L. R. B., No. 6a.<br />
78 Matter of Hardy Mfg. Co. and United Automobile Workers of America, etc., 30<br />
N. L. R. B., No. 5.<br />
' b Matter of National Battery Co. and International Brotherhood of Electrical Workers,<br />
etc., 28 N. L. R. B., No. 128.<br />
80 Matter of United Stove Co. and United Automobile Workers of America, etc., 30<br />
N. L. R. B., No. 49. Cf. Matter of Kahn cf Feldman, Inc. and United Textile Workers of<br />
America, 30 N. L. R. B. No. 45.<br />
a See particularly, Third Annual Report, pp. 132-133; Fifth Annual Report, pp. 56-57.