Herlin Press Inc.

National Labor Relations Board - Board Decisions

Jul 22, 1969

177 N.L.R.B. 940 (N.L.R.B. 1969)

940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Herlin Press Inc. and Vincent Montanaro, Petitioner
and International Printing Pressmen and
Assistants' Union of North America , Local No. 74,
AFL-CIO.' Case 1-RD-577
July 22, 1969
DECISION AND DIRECTION OF
ELECTION
BY CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND ZAGORIA
Upon a petition duly filed under Section 9 (c) of
the National Labor Relations Act, as amended, a
hearing was held before Hearing Officer Arthur I.
McGurty. The Hearing Officer's rulings made at the
hearing are free from prejudicial error and are
hereby affirmed. Following the hearing and pursuant
to Section 102.67 of the National Labor Relations
Board Rules and Regulations, and by direction of
the Regional Director for Region 1, this case was
transferred to the Board for decision. Briefs have
been filed by the Employer and by the Union.
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.
Upon the entire record in this case, the Board
finds:
1. The Employer is engaged in commerce within
the meaning of the Act.
2. International Printing Pressmen and Assistants'
Union of North America, Local No. 74, AFL-CIO,
herein called the Union, claims to represent certain
employees of the Employer. The Petitioner, an
employee of the Employer, asserts that the Union, a
labor organization , which is the certified and
recognized bargaining representative of the
employees involved herein is no longer such
representative as defined in Section 9(a) of the Act.
3. A question affecting commerce exists
concerning the representation of the 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:
The Union contends that the last contract
between it and the Employer is still in effect and
constitutes a bar to the petition in this case pending
arbitration of the terms for a new agreement. The
Employer contends that no contract bar exists
because there is no contract in effect and that, even
if there were a contract in effect, the petition was
timely filed.
The Union was certified as the
collective-bargaining representative of the
Employer's employees at its West Haven,
Connecticut, plant on February 11, 1953. The last
written agreement between the Union and the
'The names of the parties appear as amended at the hearing
177 NLRB No. 119
Employer was effective from June 1, 1966, to June
1, 1968,2 and was to remain in effect from year to
year thereafter unless written notice of a desire to
terminate or modify should be given by either party
to the agreement 60 days prior to the expiration
date. The agreement provides that all disputes
regarding the provisions of a new contract, which
could not be settled by conciliation, would be
determined by arbitration. In the interim the
contract was to remain in force. The Union gave the
Employer and the Connecticut State Board of
Mediation and Conciliation timely notice of intent
to negotiate new contract terms.' The decertification
petition was filed with the Board on March 21,
1969.
Whether the agreement expired on June 1, 1968,
was automatically extended from year to year
beginning June 1, 1968, or continued in effect
beyond June 1, 1968 for an indefinite duration,
pending a new agreement between the parties, it is
not a bar to an election pursuant to a petition filed
March 21, 1969. The agreement was opened for
renegotiation at the end of its initial term by the
Union's timely notice, and no new agreement had
been executed when the petition was filed." Even if
the agreement is treated as having automatically
renewed for a year, the petition was timely with
respect thereto because it was filed within the 60 to
90 day period preceding the termination date of any
extended agreement .' And, of course, a contract of
indefinite duration is not a bar to an election
petition for any period.' Nor does an agreement to
arbitrate the provisions of a new agreement
constitute a bar to an election petition for, to
constitute a bar, a contract must be in writing and
signed by all the parties at the time the petition is
filed.' Accordingly, we shall direct an election in this
proceeding.
[Direction of Election" omitted from publication.]
'The following unit, described in the stipulation of the parties , which we
find appropriate , is consistant with the unit described in the original
certification and in the last written agreement. All pressmen , pressmen
assistants and operators , cutters, strippers, cameramen, plate makers and
the offset pressroom foreman , but excluding all other employees , office
clerical employees , professional employees, guards, plant superintendent
and all other supervisors as defined in the Act
'No new agreement having been consummated , the Union notified the
Employer, on September 10, 1968 , that it was inviting conciliators to the
contract negotiations and, on September 26, 1968 , that the Union would
seek arbitration of a new agreement The Employer refused to arbitrate
On January 29, 1969 , based upon a Section 301 action by the Union, the
United States District Court for the District of Connecticut issued an order
requiring the parties to submit the question to arbitration
'Deluxe Metal Furniture Co., 121 NLRB 995, 1004.
'Leonard Wholesale Meats, 136 NLRB 1000, modifying Deluxe Metal
Furniture, supra.
'Pacific Coast Association of Pulp and Paper Manufacturers, 121 NLRB
990; Universal Match Corporation , 116 NLRB 1388, Winter Stamping
Company, 107 NLRB 14.
'See Appalachian Shale Products Co, 121 NLRB 1160.
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them . Excelsior
Underwear Inc, 156 NLRB 1236; N.L R B v Wyman-Gordon Company,
HERLIN PRESS 941
394 U.S. 759. Accordingly, it is hereby directed that an election eligibility extension of time to file this list shall be granted by the Regional Director
list, containing the names and addresses of all the eligible voters, must be except in extraordinary circumstances Failure to comply with this
filed by the Employer with the Regional Director for Region I within 7 requirement shall be grounds for setting aside the election whenever proper
days of the date of this Decision and Direction of Election The Regional objections are filed.
Director shall make the list available to all parties to the election. No