KMYR Broadcasting Co.

In the Matter of KMYR BROADCASTING COMPANY, EMPLOYER and WILLIAM T. BUTTERFIELD, PETITIONER and DENVER LOCAL, AMERICAN FEDERATION OF RADIO ARTISTS, UNION Case No. 30-RD'-17.-Decided August 30, 1990 DECISION AND ORDER Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Clyde F. Waers, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 [Chairman Herzog and Members Houston and Murdock]. 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 The Petitioner asserts that the Union 1 no longer represents cer- tain employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion 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 April 29, 1949, the Union, having won a consent election, was certified as the exclusive bargaining representative of the employees involved herein.2 Thereafter, the Employer and the Union, on April .28, 1950, executed a collective bargaining contract, effective May 1, 1950,3 to extend for an original period of 8 months and providing automatic renewal for 1-year periods unless terminated by either party serving at least 60 days' written notice prior to any anniversary date. The petition herein was. filed on April 26, 1950. I Although served with a notice of hearing, the Union did not participate in the proceeding. z Case No. 30-RC-182. The record shows that the contract was intended to be made effective on May 1, 1950, but, as originally executed, was mistakenly made retroactively effective to January. 1, 1950. This mistake , however, was corrected by the parties on May 10, 1950, by an amendment to the contract. 91 NLRI3 No. 15. 91 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As the present contract was executed before the expiration of the certification year and was made effective almost immediately, we find that this agreement constitutes a bar to a_ present determination of representatives.4 Accordingly, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 4 See Central California Ice Company and Valley Ice Company, d/b/a Reedley Ice Company, 85 NLRB. 1205.