Brink's, Inc.

National Labor Relations Board - Board Decisions

May 10, 1950

89 N.L.R.B. 1241 (N.L.R.B. 1950)

In the Matter of BRINKS, INCORPORATED , EMPLOYER and UNITED PAPER
WORKERS OF AMERICA, CIO, PETITIONER
Case No. 7-RC-806.-Decided May 10, 1950
DECISION
AND
ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Harold L. Hudson, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent employees
of the Employer.
3. No question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
On November 9, 1948, the Employer and the Intervenor, Local 26,
United Office and Professional Workers of America, signed a con-
tract, covering the employees sought by the Petitioner, to run to Feb-
ruary 27, 1950, with a provision for automatic renewal from year to
year thereafter unless and until written notice of termination should be
given by either party not less than 60 days prior to any expiration date.
By letters dated December 15, 1949, and December 20, 1949, received by
the Employer on December 19, 1949, and January 4, 1950, the Peti-
tioner requested recognition as bargaining agent. The instant peti-
tion was not filed, however, until January 13, 1950, approximately 24
days after the Petitioner's initial request for recognition was re-
89 NLRB No. 150.
1241
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ceived by the Employer and 17 days after the automatic renewal date
of the contract. Neither of the parties has given notice of termination
of the agreement.' As the petition was filed more than 10 days after
the request for recognition and after the automatic renewal date of
the contract, we find that it was not timely, and that the contract of
November 9, 1948, as renewed, accordingly constitutes a bar to a present
determination of representatives.' We shall therefore dismiss the
petition.
ORDER
IT IS ORDERED that the petition for investigation of representatives
of employees of Brink's, Incorporated, Detroit, Michigan, filed by
United Paper Workers of America, CIO, be, and hereby is, dismissed.
1 The Petitioner also filed a petition on December 27, 1949, which was subsequently
withdrawn by a request dated January 4, 1950, approved by the Board's Regional Director
on January 10, 1950. We do not believe that the filing of that petition and its subsequent
voluntary withdrawal constitute extenuating circumstances which would justify the suspen-
sion of the Board's rule enunciated in General Electric X-Ray Corporation , 67 NLRB 997.