Hudson Transit Lines, Inc.

National Labor Relations Board - Board Decisions

Oct 24, 1949

86 N.L.R.B. 709 (N.L.R.B. 1949)

In the Matter of HUDSON TRANSIT LINES, INC., EMPLOYER and TRANS-
PORT WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 2-RC-10541.-Decided October 24, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Warren H.-
Leland , heaving 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,
National Labor Relations Act.
2. The labor organizations involved claim to represent employees.
of the Employer.
3. No question affecting commerce exists concerning the repre-
sentation 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 March 10, 1948, as the result of a consent election, the Inter-_
venor, United Transport Workers of America, unaffiliated, was des-
ignated as the bargaining agent of the employees in the unit herein
sought by the Petitioner. On April 22, 1948, after the Intervenor.
had won a union-shop authorization election, the Employer and Inter-
venor entered into a union-shop contract for a 1-year term to expire.
on January 31, 1949, if not automatically renewed on December 1,,
1948.
In November 1948, before the automatic renewal date, the Inter-.
venor informed the Employer that it wished to negotiate a new con-
tract. Also in November, at a meeting of the local group attended by
20 of the approximately 50 employees in the unit, it was unanimously-
a.greed to select another bargaining agent and to permit the existing.
contract to expire on January 31, 1949. The Employer was so notified.
On January 13, 1949, however, the Employer signed a new 1-year-
contract with the Intervenor. Thereafter, on January 21, 1949, the.
Petitioner made its demand for recognition as bargaining represent-_
86 N. L. R. B., No. 120. 709
86735.1-50-vol . 86-46
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ative of the employees; it filed its petition for certification on January
28, 1949. On February 14, 1949, the Petitioner submitted to the
Employer revocations of authority to deduct dues for the Intervenor
from their wages, signed by virtually all the employees in the unit.
We have held that a collective bargaining agreement for a reason-
able period entered into during the first year following a Board cer-
tification is a bar to a representation proceeding during the term of
the contract, notwithstanding the fact that the parties had been put
on notice of a rival claim.' In this case the request for recogniti 'n
was not made and the petition not filed until after the execution of
the contract, and, even in the absence of certification, would have been
untimely. Nor do we find any doubt as to the identity of the bargain-
ing representative, as urged by the Petitioner. The employees, at a
consent election, selected the Intervenor; accordingly it, and not the
local group, was designated as the bargaining agent of the employees
in the unit. We shall therefore dismiss the petition herein, but without
prejudice to the filing of a new petition at a seasonable time.
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of the employees of Hudson Transit Lines, Inc., Mahwah, New Jersey,
filed by Transport Workers Union of America, CIO, be, and it hereby
is, dismissed without prejudice.
I Matter of Quaker Maid Company, Incorporated , 71 N. L. R. B. 915.