99 N.L.R.B. 956 (N.L.R.B. 1952)

General Electric Co.

National Labor Relations Board - Board DecisionsMay 16, 1952

99 N.L.R.B. 956 (N.L.R.B. 1952)

956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD visions rendering the contract inoperative as a bar to elections during its term. The Board has considered these conflicting contentions in another case,' decided this day, which involved the same contract, Employer, and Unions. As we stated in that case, we find nothing in the pro- visions relied upon by the Employer and the Petitioners which would justify a construction of those provisions as a general waiver of the Board's contract bar doctrine. We believe those provisions can more reasonably be construed as relieving the Employer of contrac- tual liability in the event that the Board should find, upon applica- tion of its own contract bar principles, that the contract was rendered inoperative as a bar and another union certified as the bargaining representative in the unit here sought. Accordingly, in the absence of a provision containing clear and unmistakable language to the effect that the parties waive the application of the Board's contract bar doctrine to the filing of a rival petition, we find that the Inter- venor's contract with the Employer is a bar to an election in this case, and we shall dismiss the petitions filed herein. Order IT IS HEREBY ORDERED that the petitions filed herein be, and they hereby are, dismissed. CHAIRMAN IIERZOG and MEMBER STYLES took no part in the consideration of the above Decision and Order. i General Electric Company, 99 NLRB 155. GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRI- CAL, RADIO AND MACHINE WORKERS OF AMERICA, CIO, PETITIONER. Case No. 2-K0-4122. May 16, 1952 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before I. L. Broadwin, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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. 99 NLRB No. 38. HARDING COLLEGE 957 The Petitioner seeks an election in a unit of employees at the Em- ployer's Hudson Falls, New York, plant. The United Electrical, Radio and Machine Workers of America (UE) and its Local 332, herein called the Intervenors, contend that the U. E.'s national agree- ment with the Employer, which is terminable upon 90 days' notice prior to September 15, 1952, is a bar to an election in this case. The Petitioner and the Employer contend, however, that the agreement contains specific provisions rendering the contract inoperative as a bar to elections during its term. The Board has considered these conflicting contentions in another case,l decided this day, which involved the same contract, Employer, and Unions. As we stated in that case, we find nothing in the pro- visions relied upon by the Employer and the Petitioner which would justify a construction of those provisions as a general waiver of the Board's contract bar doctrine. We believe those provisions can more reasonably be construed as relieving the Employer of contractual liability in the event that the Board should find, upon application of its, own contract bar principles, that the contract was rendered inoperative as a. bar and another union certified. Accordingly, in the absence of a provision containing clear and unmistakable language to the effect that the parties waive the application of the Board's contract bar doctrine to the filing of a rival petition, we find that the Inter- venors' contract with the Employer is a bar to an election in this case, and we shall dismiss the petition filed herein. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. CHAIRMAN HERZOG and MEMBER STYLES took no part in the con- sideration of the above Decision and Order. 1,}6tneral Electric Company, 99 NLRB 155) HARDING COLLEGE 1 and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL. Case No. 32-CA-159. June 26,1952 Decision and Order On December 4, 1951, Trial Examiner Lee J. Best issued his Inter- mediate Report in the above-entitled proceeding, finding that the Re- spondent had engaged in and was engaging in certain unfair labor I The name of the Respondent is hereby amended to conform to our findings within. 99 NLRB No. 148.