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V. PRINCIPLES ESTABLISHED 55Baking Company, 33 the Board took into account the existence of aclosed-shop contract between the company and a rival labororganization.The Board has attempted to give all the effect possible to priorelections and certifications without thereby restricting the employeesin the exercise of their right to select bargaining representatives oftheir own choosing. If the prior election, because of the circumstancesunder which it was conducted, does not accurately reflect thewishes of the employees, no effect can be given to it. Thus, a priorelection will not preclude an additional investigation, the Board hasheld, where the petitioning union filed charges that the companyinterfered with the conduct of the election and the company failedto except to an intermediate report of a Trial Examiner sustainingthese charges. 34 Similarly, where a labor organization, which didnot claim a majority, was placed on the ballot in a consent electionobtained by a rival organization, the Board directed an election uponthe petition of the former union." In Matter of Rock River WoolenMills, 86 the Board ruled that an election conducted by the WisconsinLabor Relations Board, under the mistaken belief that proceedingsbefore the National Labor Relations Board had been terminated, didnot preclude an additional investigation of representatives by theBoard.The Board has generally refused to proceed with an investigationless than a year after a prior determination and certification ofrepresentatives."In Matter of TVillys Overland Motors, Inc.," however, where alabor organization mistakenly understood that it was unnecessary forit to intervene in a proceeding for an investigation and certificationof representatives, as a result of assurances extended by the RegionalDirector, the Board ruled that the prior certification did not precludea subsequent determination although less than a year had elapsed.Whether or not a contract with one union may ever bar the existenceof a question concerning representation on the petition of arival organization," the Board has been confronted with the necessityof deciding, in particular cases, if it should proceed to an immediateelection in the face of such a contract. Circumstances underwhich the Board will, despite the existence of a contract, direct anelection, if the other requirements for an election are satisfied, canbe found in the Third 4° and Fourth 41 Annual Reports. In addition,during the past fiscal year, the Board ruled, in Matter of Utica33 Matter of Ward Baking Company and United Retail & Wholesale Employees of America,affiliated with the C. I. 0., 21 N. L. R. B.. No. 44.9' Matter of The Wilson H. Lee Company and International Printing Pressmen andAssistants' Union of North Ame)ica, A. F. of L., 19 N. L. R . B., No. 80.35 Matter of S. & W. Cafeteria of Washington, Incorporated, and United CafeteriaEmployees Local Industrial Union tt 471. 20 N. L. R. B.. No. 22.9' In Matter of Rock River Woolen Mills and Textile Workers Union of America, affiliatedwith Congress of Industrial Organizations. 18 N. L. R B.. No. 96.37 Matter of Minneapolis-Moline Power Implement Company and International Associationof Machinists, Local #10.57, by District Lodge 71 (A. F. of L.), 14 N. L. R. B. 920.9' Matter of Willits Overland Motors, Inc., and The Pattern Makers League of NorthAmerfra: 15 N. L. R B. 864.88 Cf. Matter of American Hair & Felt Company and Jute, Hair & Felt Company, Local#163 (United Furniture Workers of America, C. I. 0.), 15 N. L. R. B. 572.4, At p. 134, et seq.At p. 74, et. seq.
56 FIFTH ANNUAL REPORT OF NATIONAL LABOR RELATIONS BOARDKnitting Company," that it would proceed with an election despitethe existence of a contract which had been renewed after the petitioningunion orally informed the company that it claimed to representa majority, although the petitioning union merely proved duringthe hearing that it had been designated by 105 of the 450 employeesin the appropriate unit and that 125 employees had signed "negative"cards, protesting against representation by the contracting union. So,also where a contract ran to the petitioning union, the Board refusedto allow this union to withdraw its petition at the hearing and relyupon the contract as a ground for postponing an investigation andcertification of representatives." Having initiated the proceeding,the Board held, the union could not subsequently urge that the contractprecluded an investigation of representatives. In Matter ofBrewster Aeronautical Corporation," the company had executed twosuccessive exclusive recognition contracts with the United AutomobileWorkers of America, but thereafter this union split into anA. F. of L. and a C. I. 0. faction and both factions claimed to representa majority of the company's employees in the appropriate unit.Under the circumstances, the company refused to bargain with eitherfaction. In directing an election, the Board noted that "The split* * * and the company's consequent refusal to bargain with eithercompeting labor organization may indefinitely delay all collectivebargaining between the company and its employees." 46Where, in view of an existing contract, the Board does not immediatelydirect an election, it may, depending on the circumstances ofthe case, dismiss the petition without prejudice to its renewal at areasonable time before it is appropriate to hold an election 46 or rulethat the petition should be held in abeyance until the contract isabout to expire. 47 In the latter event, the Board will direct theRegional Director to continue his investigation before the contracthas expired and to provide for a further hearing, if so requested bythe petitioning union.When the only labor organizations involved are subject to disciplineby the same parent body, the Board will dismiss the petition, eventhough there is a question concerning representation, if these unions42 Matter of Utica Knittin g Company and Textile Workers Federal Labor Union #21500,A. F. of L., 23 N. L. It. B., No. 4. In a separate concurring opinion, Board Member EdwinS. Smith stated that the renewal contract should not bar a determination of representativeseven though the contracting union may have represented a majoriy when the contract wasrenewed : "The T. W. U. A. [contracting union] has functioned as exclusive bargainingrepresentative for more than a year and I believe the purposes of the act will best beeffectuated by now giving the employees a chance to change representatives if they so desire."Board Member William M. Leiserson stated, in his concurring o p inion, that when there is"a real dispute as to representation" "it is the duty of the Board to direct an election so thatthe dispute may be settled in accordance with the provisions of the act." Chairman Maddendissented on the grounds that the petitioning union had merely made an oral claim torepresent a majority before the contract was renewed and had failed to establish, to ChairmanMadden's satisfaction, that the contracting union did not represent a majority whenthe contract was renewed. Cf. Matter of American Hair and Felt Company and Jute, Hair dFelt Workers, etc., 15 N. L. R. B. 572.0, Matter of Borg-Warner Corp. (Muncie Foundry Division) and United Automobile Workersof America Local No. 287, affiliated with the C. I. 0., et a/., 19 N. L. R. B., No. 59.46 Matter of Brewster Aeronautical Corporation and International Union. United AutomobileWorkers of America, Local 865, affiliated with the Congress of Industrial Organizations,14 N. L. R. B. 1024.45 See also Matter of Kelsey Hayes Wheel Company, a corporation and Local 114 InternationalUnion, United Automobile Workers of America, affiliated with the O. I. 0., 10N. L. R. B. 5804, Matter of American Hair d Felt Company and Jute, Hair ci Felt Workers Local #168(United Furniture Workers of America. C. I. 0.). 15 N. L. ft. B. 572.47 matter of Oppenheimer Casing Company, a Corporation and United PackinghouseWorkers of America, Local No. 75 et al., 13 N. L. It. B. 300.
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NATIONAL LABOR RELATIONS BOARDWILLI
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CONTENTSPageI. Introduction 1A. Wor
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FIFTH ANNUAL REPORT OF THE NATIONAL
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I. INTRODUCTIONThe number of worker
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Page 14 and 15: I. INTRODUCTION 7percent. There was
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Page 18 and 19: III. PROCEDURE OF THE BOARDPrevious
Page 20 and 21: IV. STATISTICAL RECORD OF BOARD ACT
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Page 38 and 39: V. PRINCIPLES ESTABLISHEDIn previou
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Page 70 and 71: V. PRINCIPLES ESTABLISHED 63bargain
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Page 74 and 75: V. PRINCIPLES ESTABLISHED 67ent rep
Page 76 and 77: V. PRINUPLES ESTABLISHED 69appropri
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Page 80 and 81: V. PRINCIPLES ESTABLISHED 739. Prec
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Page 89 and 90: VI. JURISDICTIONThe decisions of th
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IX. DIVISION OF ECONOMIC RESEARCH 1
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XII. FISCAL STATEMENTThe expenditur
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