Schaeffer Body, Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1948

78 N.L.R.B. 1247 (N.L.R.B. 1948)

In the Matter Of SCHAEFFER BODY, INC., EMPLOYER and LOCAL 217,
UAW-CIO, PETITIONER
Case No. 8-RC-96.-Decided August 20, 1.948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's,
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. At the hearing, Auto Body Rebuilders, Federal
Labor Union No. 18671, AFL, herein called the Intervenor, moved to
dismiss the petition. For reasons stated in Section 3, below, the mo-
tion is hereby granted.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Auto Body Rebuilders, Federal Labor Union No. 18671, is a labor
organization affiliated with the American Federation of Labor, claim-
ing to represent employees of the Employer.
3. The alleged question concerning representation :
The Employer and the Intervenor have been in contractual rela-
tionship for a period of several years. Their 1946 contract, which was
effective for 1 year with a 30-day renewal clause, expired December
31, 1947. After a period of negotiation, the Intervenor and the
*Chairman Herzog and Members Murdock and Gray.
78 N. L. R. B., No. 173.
1247
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
0
Employer signed a new contract 1 on February 13, 1948, to be effective
as of February 9, 1948. On February 19, 1948, the Petitioner by letter
informed the Company that it claimed to represent a majority of the
Employer's employees. This letter was received by the Employer on
February 20. The petition in this proceeding was filed on February 17,
1948. As the 1948 contract was duly executed before the Petitioner
made its claim and filed its petition herein, we find that the 1948 con-
tract constitutes a bar to a present determination of representatives.
Accordingly, we find that no question concerning representation has
arisen within the meaning of Section 9 (c) (1) of the National Labor
Relations Act. We shall, therefore, dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for certification of representa-
tives of employees of Schaeffer Body, Inc., Cleveland , Ohio, filed
herein by Local 217, UAW-CIO, be, and it hereby is, dismissed.
1 The only provision relating to the duration of the contract is contained in Article 13,
which provides : "This agreement shall take effect as of February 9, 1948. Should either
party to this Agreement desire to amend same , they shall give Toehr ( sic) party a sixty
(60) day written notice by registered mail , specifying changes desired and within ten (10)
days of receipt of such notice both parties, through their representatives shall confer and
negotiate on such matters to a conclusion ." We find that this provision makes the
February 13, 1948, contract one of indefinite duration . It nevertheless constitutes a bar
to a determination of representatives for the purposes of collective bargaining during its
Initial 2-year period. Matter of Filtrol, 74 N. L. R. B. 1307 ; Matter of Puritan Ice Com-
pany, 74 N. L. it. B. 1311 ; Matter of Reed Roller Bit Company , 72 N. L. R. B. 927.