Radio Corporation Of America (victor Division), Employer And International Union Of Electrical, Radio And Machine Workers, Cio, Petitioner, 1226 (1950)

In the Matter of RADIO CORPORATION OF AMERICA (VICTOR DIVISION),

EMPLOYER and INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER In the Matter of RADIO CORPORATION OF AMERICA (VICTOR DIVISION),

EMPLOYER and INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER Cases Nos. 5-RC-461 and 5-RC-545 AMENDED DECISION * AND ORDER May 8, 19.50 On April 21, 1950, the National Labor Relations Board issued a Decision and Direction of Election herein,1 finding that a contract between the Employer and the United Electrical, Radio and Machine Workers of America, and its Locals 103 and 163, herein called the UE, did not constitute a bar. Thereafter on May 3, 1950, the UE filed a motion for rehearing and for an order rescinding, revoking, and cancelling the Decision and Direction of Election, and in the alternative for an order staying all proceedings herein pending a reopening of the record, with a request for oral argument thereon. The UE alleges in its motion that there is no basis in the record for the Board's finding that no ratification of the 'Wage Reopening Agreement' had occurred prior to the filing of the petition. Although it appears that the Wage Reopening Agreement was ratified in its initial form on October 20, 1949, the Board's finding is supported by the fact that final approval by the UE of the national contract incorporating therein the Wage Reopening Agreement had not been given prior to the filing of the petition. Moreover, assuming arguendo that the Wage Reopening Agreement in itself may be considered effective without approval of its formalized consolidation with the 1948 contract, 189 NLRB 699.

89 NLRB No. 172.

1226 1227 the Board is, nevertheless, of the opinion that the contract does not bar an immediate election. The Wage Reopening Agreement is a premature extension of the 1948 contract; as such it is ineffectual as a bar beyond June 1, 1950, the original termination date of the 1948 contract.2 Because such termination date is less than 30 days from the present, we find no obstacle to the immediate holding of an election.

We further find no basis for reopening the record and hearing or staying proceedings herein as requested by the UE. We shall therefore deny the UE's motion in its entirety including the motion for oral argument thereon.

ORDER IT IS HEREBY ORDERED that the motion filed by the United Electrical,

Radio and Machine Workers of America (UE) and the Locals 103 and 163...

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