Loree Footwear Corp.

360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Loree Footwear Corporation and International Associ- ation of Machinists and Aerospace Workers, AFL-CIO, Petitioner. Case 6-RC-5922 June 9, 1972 DECISION AND ORDER BY CHAIRMAN MILLER AND MEMBERS FANNING AND PENELLO Upon a petition duly filed under Section 9(c) of the National Labor Relations Act, as amended, a hearing was held before Hearing Officer Bruce Joel Jacobsohn of the National Labor Relations Board. Following the close of the hearing, the Regional Director for Region 6 transferred this case to the Board for decision. Thereafter, the Petitioner, Em- ployer, and Intervenor' filed briefs. The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed. Upon the entire record in this proceeding, the Board finds: 1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein. 2. The labor organizations involved claim to represent certain employees of the Employer. 3. No question affecting commerce exists con- cerning the representation of certain employees of the Employer within the meaning of Sections 9(c)(1) and 2(6) and (7) of the Act for the following reasons: The Intervenor has been the collective-bargaining agent at the Respondent's plant for a number of years. There is currently a collective-bargaining agreement between the Intervenor on behalf of its Local 14550 and the Employer which was entered into on September 8, 1970, and which expires September 3, 1973. The Intervenor and Employer allege that this agreement is a bar to this proceeding. Petitioner contends it is not a bar: (1) because of an 1 International Union of District 50 Allied and Technical Workers of the United States and Canada intervened, based on a current collective- bargaining agreement with the Employer on behalf of its Local No. 14550 2 196 NLRB No. 77 , alleged schism which has occurred within the ranks of the Intervenor; (2) because the Intervenor is allegedly defunct; and (3) because the Intervenor has allegedly breached its duty of fair representation. We find no merit in the Petitioner's contentions. The facts on which Petitioner relies to establish schism with respect to District 50 are essentially the same as those considered by the Board in its recent decision in Allied Chemical Corporation.2 in which it held that no schism existed affecting District 50. For the reasons stated therein, we find no schism here. Further, as it appears from the record that the Intervenor, which is the recognized contractual representative, is presently willing and able to represent the employees, we find that it is not defunct.3 Finally, with respect to the allegation that the contract is no bar because the Intervenor has breached its duty of fair representation, the Board has consistently taken the position, which we here reaffirm, that the legality of a contract asserted as a bar is to be determined in representation proceedings from the face of the contract itself and that extrinsic evidence will not be admitted in a representation proceeding to establish the unlawful nature of such a contract.4 The Petitioner's contention in this respect does not rest on the language of the contract, but on alleged extrinsic evidence concerning the manner of its administration. The contention is therefore without merit. Accordingly, as we have found no merit in the Petitioner's asserted reasons for holding the current bargaining agreement to be no bar to an election and as that agreement does not expire until September 3, 1973, and is otherwise a bar, we shall dismiss the petition as untimely filed. ORDER It is hereby ordered the petition herein be, and it hereby is, dismissed. 3 See Hershey Chocolate Corporation, 121 _ NLRB 901 , 911-912 4 St Louis Cordage Mills, 168 NLRB 981, Paragon Products Corp, 134 NLRB 662. 197 NLRB No. 61