Interboorough News Co.

National Labor Relations Board - Board Decisions

Oct 22, 1948

79 N.L.R.B. 1528 (N.L.R.B. 1948)

In the Matter of INTERBOROUGH NEWS COMPANY, EMPLOYER and
NEWSPAPER AND MAIL DELIVERER UNION OF NEW YORK AND
VICINITY, PETITIONER
Case No. 2-RC-100
SUPPLEMENTAL DECISION
AND
ORDER
October 22,19.18
On August 18, 1948, the Board issued its Decision and Direction of
Election in the above-entitled proceeding,' directing that an election
by secret ballot be conducted among certain employees of the Em-
ployer. Thereafter, on August 24, 1948, the Employer filed a petition
to set aside the afore-mentioned Decision and Direction, alleging that
the Board's opinion was based on an erroneous conclusion concerning
the expiration of a contract between the Employer and the Petitioner.
In our Decision, we held that a contract between the Employer and
the Petitioner containing a clause allegedly binding the Petitioner
not to seek recognition as the bargaining agent for the employees in
the requested unit, would not be considered, inasmuch as it expired by
its own terms on July 16, 1948. The Employer now contends that an
agreement signed by both parties on June 25, 1948, extended that
contract for an indefinite period beyond the July termination date.2
The agreement of June 25, 1948, provides that wages fixed in any
future contracts are to be made retroactive to a date fixed by the
contract expiring in July,3 and it makes provision for the incorpora-
tion of a vacation plan and holiday pay in such future contract. An
*Panel consisting of Chairman Herzog and Members Reynolds and Murdock.
1 78 N. L. R. B. 1089.
2 The Employer and Petitioner are in agreement as to the language contained in the
agreement of June 25, 1948, a copy of which was appended to Petitioner's affidavit in
opposition to the petition to set aside.
3 The contract which expired on July 16, 1948, provided that "the wages fixed in any
subsequent agreement shall be retroactive to June 30, 1948"; the agreement signed on
June 25, 1948, provides, "the wages to be fixed in any agreement to be entered into between
the parties shall be retroactive to the expiration date of their present agreement, unless
they have otherwise provided for an earlier retroactive date."
79 N. L. R. B., No. 209.
1528
INTERBOROUGH NEWS COMPANY 1529
addendum states, "The provisions of this stipulation are conditioned
on there being no work stoppage during negotiations. No rights under
the existent contract are waived hereby." The Employer relies upon
the last sentence of this addendum to support its contention that the
clause alleged to bind Petitioner not to seek representation of these
employees has now been extended. We see no merit in this contention.
The agreement of June 25, 1948, is, by its own terms, an interim
agreement designed to preserve peaceful relationships between the
parties during the negotiations following the expiration of the then
existing contract. The provision of the agreement relied upon by the
Employer merely served to protect the parties from an implied waiver
of their rights under the previous contract.
We find that the contract between the Employer and the Petitioner
expiring on July 16, 1948, did so expire, and was not extended by the
agreement of June 25, 1948.
ORDER
The National Labor Relations Board hereby orders that the peti-
tion to set aside the Decision and Direction of Election issued herein
on August 18, 1948, be, and it hereby is, denied.