1943 - National Labor Relations Board

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The N. L. R. A. in Practice: Representation Cases 47only the members of the contracting union," or where it provides,merely, for exclusive recognition but contains no provisions fixingconditions of employment. ' 9 Conversely, in Matter of Allis-Ch,almersManufacturing Company, 2° the Board held that a determination ofrepresentatives was barred by a contract which provided for more thanbare recognition of the contracting union, although the terms of agreementas to certain basic issues, including union security, seniority,and lay-offs were held in abeyance until the indefinite future datewhen the National War Labor Board should have issued its decisionin certain related cases.The Board also takes the view that the interest in stability is notserved by postponing an investigation of representatives where there issubstantial doubt as to the identity of the contracting union or itsability to continue to administer the agreement and otherwise functionas the bargaining representative of the employees whom the petitionerseeks to represent. Accordingly, the Board has ordered an electionwhere the contracting union had been formally dissolved subsequentto the execution of the contract, or where, due to other circumstances,such as schism or the defection of substantially the entire membershipthere was doubt as to its identity or continued existence.21the Board ordered an election where, less than a year after certification,the certified union had become defunct.22Since it is contrary to the purposes of the Act to perpetuate a conditionin which the opportunity for collective bargaining is restricted,the Board in another case entertained a petition for investigation ofrepresentatives where the petitioning union, having 5 months previouslylost an election in which no representative was chosen, hadagreed with the employer that it would not file a new petition fora year.23In Matter of Chase Brass & Copper Co., /nc.,24 and Matter of SardiicFood Products Corporation, 25 as well as in two more recent cases involvingrapidly expanding war plants, 29 the Board indicated that a contractpurporting to cover employees in a plant which, since the execution of" See Sixth Annual Report, p. 55; Seventh Annual Report, p. 55." Matter of Weis Mfg. Co., Inc., 49 N. L. R. B. 511.p050 N. L. R. B. 306."Matter of National Lead Company, et al., 45-N. L. R. B. 132; Matter of Lone &err Cement Corporation, 45N. L. R. B.1298; Matter of Robert P. Scherer, et al., doing business as Gelatin Products Company, 49 N. L. R. B.173; Matter of Armour Leather Company of Delaware, 51 N. L. R. B. 1091, Matter of Brenizer TruckingCompany, et al., 44 N. L. R. B. 810; Matter of Harbison-Walker RefractOrild Co., 44 N. L. R. B. 1280; Matter ofAtlantic Waste Paper Company, Inc., 45 N. L. R. B. 1087; Matter of Kay and Ed8 Company, 48 N. L. R. B.1387; Matter of Central Pattern & Foundry Company, 51 N. L. R. B. 400; Matter of California Central FibreCorporation, 44N. L. R. B. 1226; Matter of Morrison Steel Products, Inc., 50N. L. R. B. 72; Matter of NashvilleBridge Company, 49 N. L. R. B. 629; Matter of Sunshine Mining Company, 48N. L. R. B. 301; Matter of WilsonPacking and Rubber Company, SIN. L. R. B. 910.Matter of Helena Rubenstein, Inc., et al., 47 N. L. R. B. 435. See also Matter of ,Hydraulic Press BrickCompany, 47 N. L. R. B. 286; Matter of Container Corporation of America, 49 N. L. R. B. 929; Matter of JohnDeere Tractor Company, 47 N. L. R. B. 1316; Matter of Kansas City Star Company, 47 N. L. It. B. 386.Matter of General Aircraft Corporation, 49 N. L. R. B. 916; see also Matter of Packard Motor Car Company,47 N. L. R. B. 932; Matter of Briggs Indiana Corporation, 49 N. L. It. B. 920; .Matter of Ford Motor Company,47 N. L. R. B. 939; 946.5447 N. L. R. B. 298." 46 N. L. It. B. 894.le Matter of Aluminum Company of America, et al., 49 N. L. R. B. 1431; Matter of Aluminum company 4(America, 51N. L. R. B. 1295.
48 Eighth Annual Report of the National Labor Relations Boardthe contract, has been removed to another city or has doubled itsworking force will not operate for the usual period to bar a determinationof representatives.Ordinarily the Board holds that a contract executed or renewedautomatically after the employer has received notice that a rival unionchallenges the contracting union's status as the exclusive bargainingrepresentative is no bar to an election. 27 This policy is not applicable,however, where as in the Allis-Chalmers case,28 referred to above, a"stabilized contractual relationship" of reasonable duration has beenentered into prior to notice of the rival claim, even though certain ofthe contractual obligations are not "formalized" until after notice.In that case a labor organization was recognized as the exclusivebargaining representative by virtue of an election conducted by theBoard's Regional Director. About 6 weeks thereafter it entered intoa written agreement with the employer to accept as settlement of adispute relating to wages and other basic conditions of employmentthe directive of the National War Labor Board with respect to similarissues in another case then pending before that agency. Nine monthslater, shortly after the issuance of the National War Labor Board'sfinal directive order, the parties formally executed a new contract forthe term of approximately 1 year, said term being specified in thedirective. Although the petitioning union had in the meantimepresented its claim for recognition and filed a petition for investigationand determination of representatives, the Board dismissed the petition,reasoning that to order an electionmight serve to negate the proceedings of the War Labor Board, require newproceedings before that Board, and create uncertainty and unsettled bargainingconditions for an additional indeterminate period. From the standpoint of stablelabor relations, it is undesirable to penalize a certified bargaining representative forunavoidable delays consequent upon its voluntary acceptance of orderly proceduresestablished by governmental authority for the adjustment of differences with anemployer.The situation presented in the Allis-Chalmers case is, of course, notcomparable to that in which the only contract asserted as a bar is onefor recognition, without there being any written agreement coveringterms and conditions of employment. In the latter case, the Boarddoes not regard the recognition agreement as barring a determinationof representatives.29As the foregoing discussion indicates, it is the Board's generalpolicy to hold that established collective bargaining relations shouldremain undisturbed for a reasonable period., usually 1 year." A27 Matter of General Chemical Company, 48 N. L. R. B. 988; Matter of Trailways of New England, Inc.,46 N. L. R. B. 310; Matter of Electric Auto-Lite Co., 46 N. L. R. B. 395; Matter of Paley & SO/13, 47 N. L. R. B.863; Matter of Lincoln Transit Co., Inc., 47 N. L. R. B. 1325; Matter of Basic Magnesium, Inc., 48 N. L. R. B.1310. See Matter of Dutton Company, 48 N. L. R. B. 27. Cf. Matter of Nashville Bridge Company, 48N. L. R. B. 1.le 50N. L. R. B. 306.29 Matter of Weis Mfg. Co., Inc., 49 N. L. R. B. 511.re An exception to the usual 1-year rule is recognized where it is the custom in the industry to contract for alonger period, such as 2 years. Similarly, a contract automatically renewed prior to the making of a claimby the petitioning union Is given the same effect for the renewed term as for the original terms. See supra,p. 46.
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EIGHTH ANNUAL REPORTOF THENATIONAL
Page 3 and 4: NATIONAL LABOR RELATIONS BOARDH. A.
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Page 8 and 9: THE NATIONAL LABOR RELATIONS BOARD
Page 10 and 11: The N. L. R. B. in the War 3The War
Page 12 and 13: The N. L. R. B. in the War 5closed.
Page 14 and 15: The N. L. R. B. in the War 7current
Page 16 and 17: The N. L. R. B. in the War 9involvi
Page 18 and 19: The N. L. R. B. in the War 11secret
Page 20 and 21: Organizational and Administrative D
Page 22 and 23: Organizational and Administrative D
Page 24 and 25: IIIA STATISTICAL ANALYSIS OF CASES.
Page 26 and 27: Statistical Analysis of Cases Filed
Page 34 and 35: IN/THE NATIONAL LABOR RELATIONS ACT
Page 36 and 37: The N. L. R. A. in Practice: Unfair
Page 38 and 39: • LIBRARY• -.AL tABOR, A.T1Into
Page 50 and 51: THE NATIONAL LABOR RELATIONS ACT IN
Page 52 and 53: The N. L. R. A. in Practice: Repres
Page 66 and 67: The N. L. R. A. in Practice: Jurisd
Page 68 and 69: Enforcement Litigation 61all interm
Page 70 and 71: Enforcement Litigation 63of the Boa
Page 72 and 73: Enforcement Litigation 65than to st
Page 74 and 75: Enforcement Litigation 67tively. Th
Page 76 and 77: Studies of the Results of Board Act
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Page 90 and 91: APPENDIX ASTATISTICAL TABLESThe fol
Page 92 and 93: Appendix A. Statistical Tables 85Ta
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Table 13.-Number of elections and p
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APPENDIX BLIST OF CASES HEARD DURIN
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Appendix B. List of Cases Heard Dur
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Onan, D. W., & Sons.O'Neil, J. E.,
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APPENDIX CLIST OF CASES IN WHICH TH
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Appendix C. Decisions Rendered Duri
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Appendix. C. Decisions Rendered Dur
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Borg-Warner CorpBrennan, P., CoBurn
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APPENDIX DSUMMARY OF LITIGATION FOR
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Appendix D. Summary of Litigation 1
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Appendix D. Summary of Litigation.
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Appendix D. Summary-of Litigation 1
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APPENDIX ENATIONAL LABOR RELATIONS
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184 Eighth Annual Report of the Nat
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1 86 Eighth:A nnual Report of the N
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WAR LABOR DISPUTES ACT 1AN ACTRelat
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APPENDIX FThese Rules and Regulatio
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APPENDIX GREGIONAL OFFICESFirst Reg
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Appendix G. Regional Offices 239emu
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Appendix G. Regional Offices 241DIM
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Appendix G. Regional Offices 243
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Appendix G. Regional Offices 247
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LIST OF TABLESTables Appearing in T
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1943 - National Labor Relations Board

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