Hunt Construction Co.

-814 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD of all the circumstances of this case, we find that there has been no ,defection of sufficient scope and effect to create confusion and uncer- tainty with regard to the status of the Intervenor as the bargaining representative of the Employer's employees S Accordingly, we find -that the July 13, 1950, contract between the Employer and the Inter- venor is a bar to-this proceeding. We shall, therefore, dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed by the International -Union, United Automobile, Aircraft, and Agricultural Implement Workers of America, CIO, be, and it hereby is, dismissed. 8 RCA Service Company, Inc., 94 NLRB 1122. -JOSEPH H. BOWMAN, D/B/A HUNT CONSTRUCTION COMPANY and SHOP- MEN'S LOCAL UNION 527, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, A. F. L., PETITIONER. Case No. 6-RC-864. October 15, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Joseph C. Thackery, 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-mem- ber panel [Members Houston, Reynolds, and Styles]. 1. The Employer is engaged in commerce within the -meaning of -the Act. 2. The labor organizations involved claim to represent employees of the Employer. 3. The alleged question concerning representation The Petitioner seeks to represent the production and maintenance employees at the Employer's Carnegie, Pennsylvania, steel fabrica- tion plant. On July 2, 1951, the Employer and the Intervenor exe- cuted a 1-year contract covering such employees,2 and containing the following union-security provision : All employees who, fifteen days after the date of this signed contract . . . are members of the Union in good standing .. . and those employees who may thereafter become such members, I United Steelworkers of America , CIO, herein called the Intervenor , intervened for itself and its Local 4600 on the basis of its contractual interest. 2 The contract was entered into by the Intervenor on behalf of itself and Local 4600. 96 NLRB No. 128. 1 AMERICAN BROADCASTING COMPANY, INC. 815 shall, during the life of this Agreement as a condition of employ- ment, remain members of the Union in good standing... . It is understood and agreed that the provisions of this Section providing for a union shop shall take effect as of July 17, 1951, or any time thereafter during the life of this Agreement, but only if and when it may take effect in accordance and consistent with provisions of Federal or State Law.... No election under Section 9 (e) (1) of the Act has been held for the purpose of authorizing the Employer and the Intervenor to enter into a union-security agreement. The Petitioner filed its representation petition on August 2, 1951. The Intervenor contends that its contract with the Employer is a bar to this proceeding. The Petitioner argues that the presence of the unauthorized union-security provision prevents the contract from operating as a bar. The Employer takes no position on this issue. Although the provision for union security is unauthorized and ex- ceeds the limited form of union security permitted by Section 8 (a) (3) of the Act, the saving clause bars the union-security provision from taking effect until it might lawfully become operative 3 The union-security provision, therefore, though illegal, is effectively sus- pended 4 In these circumstances, and because the petition herein was filed after the execution of the current agreement, we find that the agreement is a bar to a present determination of representatives. We .shall accordingly grant the Intervenor's motion to dismiss the peti- tion. Order Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed herein be, and it hereby is, dismissed. $ Wyckoff Steel Company, 86 NLRB 1318. * H. Muehistein and Co., 93 NLRB 1273 ; cf. Worthington Pump and Machinery Corpora- tion, 93 NLRB 527. AMERICAN BROADCASTING COMPANY, INC.; COLUMBIA BROADCASTING SYSTEM, INC.; DUMONT TELEVISION NETWORK DIVISION, ALLEN B. DUMONT LABORATORIES, INC.; NATIONAL BROADCASTING COMPANY, INC.; GENERAL TELE-RADIO INC. and TELEVISION AUTHORITY. AFFILI- ATED WITH THE ASSOCIATED ACTORS AND ARTISTES OF AMERICA, AFL, PETITIONER. Case No. 2-RC-9334. October 15, 1951 Decision and Direction of Elections Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Chester L. Migden, 96 NLRB No. 114.