Cooper Tire and Rubber Co.

National Labor Relations Board - Board Decisions

Mar 4, 1970

181 N.L.R.B. 509 (N.L.R.B. 1970)

COOPER TIRE & RUBBER CO. 509
Cooper Tire and Rubber Company and Thomas M. full force and effect until ........... 1971 and
Warner , Petitioner and General Truckdrivers, thereafter for yearly periods......"' The contract
Warehousemen and Helpers Union Local 235, also provides for progressive increases in
International Brotherhood of Teamsters, "Straight Time Rates Per Hour" on September 1,
Chauffeurs , Warehousemen and Helpers of 1968, 1969, and 1970
America . Case 21-RD-919 The Regional Director found that as the term of
the agreement can not be ascertained from an
March 4, 1970
DECISION ON REVIEW AND ORDER
BY CHAIRMAN MCCULLOCH AND MEMBERS
FANNING AND BROWN
On September 23, 1969, the Regional Director for
Region 21 issued a Decision and Direction of
Election in the above-entitled proceeding in which he
found that the collective-bargaining agreement
between the Employer and the Union was of
indefinite duration and did not constitute a bar to
the instant petition. Thereafter, in accordance with
Section 102.67 of the National Labor Relations
Board Rules and Regulations, the Union filed a
timely request for review of the Regional Director's
Decision, contending, inter alia , that on its face the
collective- bargaining agreement involved herein had
a definite minimum duration and was a bar to the
instant petition. On October 28, 1969. the National
Labor Relations Board by telegraphic Order granted
the request for review. No statements of position
have been filed with the Board by any party.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this proceeding to a three-member panel.
The Board has reviewed the entire record in this
case with respect to the issue under review and
makes the following findings:
Pursuant to an Agreement for Consent Election in
Case 21-RC-10931, the Union was certified August
26, 1968, as exclusive bargaining representative in
the unit involved herein. Thereafter, the Employer
and Union executed a collective-bargaining
agreement bearing an execution date of November
20, 1968, which they contend is a bar to the instant
petition. The term of this agreement as set forth in
the contract states that "this agreement shall
become effective ........... 1968 and shall remain in
examination of the document itself, without
resorting to parol ' evidence, the contract is one of
indefinite duration and therefore no bar to the
instant petition which was filed on August 25, 1969.
We agree that in order for a contract to constitute
a bar , it must be sufficient on its face, without
having to resort to parol evidence and that the term
of the agreement , as stated in the agreement , should
be such that employees and outside unions may
determine the appropriate time for filing
representation petitions.' However , we disagree with
the Regional Director ' s application of this principle
to the peculiar facts of this case. While the effective
and terminal dates of this contract are not set out in
the duration clause by the exact month and day, it is
clear from the use of the words "shall become
effective .........., 1968 . . . until .........., 1971," that
the duration period spans those consecutive years.
Considering this circumstance in conjunction with
the wage section which provides for the three annual
progressive wage increases, effective as of
September 1, 1968, 1969 , and 1970 , we are satisfied
that the contract reasonably construed on its face
provides for a 3 -year term , beginning on September
1, 1968, and terminating at midnight , August 31,
1971.
Accordingly , we find , contrary to the Regional
Director , that the collective - bargaining agreement
constitutes a bar to the instant petition.
ORDER
It is hereby ordered that the petition filed herein
be, and it hereby is, dismissed.
At the hearing, the Employer and Union stated that they intended the
agreement to be effective from September 1, 1968, to September 1, 1971
and their failure to complete the blanks in the "Term of Agreement"
clause was inadvertent
'Benjamin Franklin Paint and Varnish Company , 124 NLRB 54
181 NLRB No. 75