General Electric Co.

954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD remain in the Intervenor's multiplant unit, and the Regional Direc- tor will issue a certification of results of election to that effect.' [Text of Direction of Election omitted from publication in this volume.] T The Pure Oil Company, 98 NLRB 139. GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRI- CAL, RADIO AND MACHINE WORKERS, CIO , PETITIONER. Cmes Nos. 290-RC-1633 and 00 RC-167. May 16, 1954 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Nathan R. Berke, hearing officer. The hearing officer's rulings made at the hearing are free from prejudical error and are hereby affirmed. Upon the entire record 1 in this case, the Board finds: 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. The Petitioner seeks an election in a unit of employees in the Employer's Oakland, California, control department and wire and cable plants. The United Electrical, Radio and Machine Workers of America (UE) and its Local 1412, herein called the Intervenors, contend that the U. E.'s national agreement with the Employer, which is terminable upon 90 days' notice prior to September 15, 1952, is a bar to an election in these cases. The Petitioner and the Employer contend, however, that the agreement contains specific provisions rendering the contract inoperative as a bar to elections during its term. The Board has considered these conflicting contentions in another case,2 decided this day, which involved the same contract, Employer, and Unions. As we stated in that case, we find nothing in the provi- sions relied upon by the Employer and the Petitioner which would justify a construction of those provisions as a general waiver of the Board's contract bar doctrine. We believe those provisions can more reasonably be construed as relieving the Employer of contractual lia- 3 The Board has taken official notice of the record in General Electric Company, 99 NLRB 155. Pursuant to Section 7 (d) of the Administrative Procedure Act, the parties will he given the opportunity to show , upon filing a timely motion for reconsideration , the con- trary of any fact of which the Board takes official notice herein. See ICen Rose lfotors, Inc., 94 NLRB 868. 2 General Electric Company, supra. 99 NLRB No. 36. GENERAL ELECTRIC COMPANY 955 bility in the event that the Board should find, upon application of its own contract bar principles, that the contract was rendered inoperative as a bar and another union certified. Accordingly, in the absence of a provision containing clear and unmistakable language to the effect that the parties waive the application of the Board's contract bar doctrine to the filing of a rival petition; we find that the Inter- venors' contract with the Employer is a bar to an election in this case, and we shall dismiss the petitions filed herein. Order IT IS HEREBY ORDERED that the petitions filed herein be, and they hereby are, dismissed. CHAIRMAN HERZOG and MEMBER STYLES took no part in the con- sideration of the above Decision and Order. GENERAL ELECTRIC COMPANY, DETROIT APPARATUS SHOP and INTER- NATIONAL UNION OF ELECTRICAL, RADIO, AND MACHINE WORKERS, CIO, PETITIONER GENERAL ELECTRIC COMPANY, DETROIT APPARATUS SHOP and T. G. HARTMANN, PETITIONER and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 937 (UE). Cases Nos. 7-RC-1618 and 7-RD-109. May 16,1952 Decision and Order Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before W. A. Reinke, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 labor organizations involved claim to represent employees of the Employer. Both petitioners seek an election in a unit of employees at the Employer's Detroit apparatus department service shop, Detroit, Michigan. The United Electrical, Radio & Machine Workers of America (UE) and its Local 937, herein called the Intervenors, contend that the U. E.'s national agreement with the Employer, which is terminable upon 90 days' notice prior to September 15, 1952, is a bar to an election in these cases. The Petitioners and the Em- ployer contend, however, that the agreement contains specific pro- 99 NLRB No. 37