Allied Chemical and Dye Corp.

In the Matter of NATIONAL ANILINE DIVISION OF ALLIED CHEMICAL AND DYE CORPORATION, EMPLOYER and LEAD BURNERS LOCAL 677 UNITED ASSOCIATION OF JOURNEYMEN PLUMBERS AND STE4MFITTERS OF UNITED STATES AND CANADA, A. F. OF L., PETITIONER Case No. 3-R-1281 SUPPLEMENTAL DECISION AND ORDER January 15, 1947 On December 19, 1946, the Board issued a Decision and Direction of Election in the instant case.' Thereafter, on December 31, 1946, the Employer filed a motion for reconsideration and requested an opportunity to submit a brief and to argue orally before the Board. On January 2, 1947, District 50, United Mine Workers of America, A. F. of L., herein called the Mine Workers, filed a similar motion. For reasons hereinafter stated, both motions are hereby denied. The Employer and the Mine Workers principally contend that the Board erred in finding in its Decision and Direction-of Election, here- in, that neither the Employer nor the Mine Workers contended that their contract of June 28, 1946, bars a present determination of repre- sentatives. The record is not entirely clear on this point; however, we find it is unnecessary to resolve this controversy, since in any event the 1916 contract cannot, under well established principles of the Board, bar a determination of representatives at this time because the petition herein was filed one month prior to the execution of the contract between the Employer and the Mine Workers.2 ORDER IT IS HEREBY ORDERED that the motions for reconsideration, oral argu- ment, and permission to submit briefs, filed by the Employer and by District 50, United Mine Workers of America, A. F. of L., be, and they hereby are, denied. 'Matter of National Aniline Division of Allied Chemical and Dye Corporation, 71 N L R. B 1217. 2 See Matter of Indianapolis Power and Light Company , 62 N L R B 1279 ; Matter of Union I ork d Hoe Company, 63 N. L. R B. 194. 72 N. L R B, No. 22 148