Winton Lumber Company, Employer And Operating Engineers, Local Union No. 3 Of The International Union Of Operating Engineers, A. F. L., Petitioner, 337 (1948)

In the Matter of BOSTON CONSOLIDATED GAS COMPANY, EMPLOYER and LOCAL 849, INTERNATIONAL UNION OF OPERATING ENGINEE1IS, AFL,

PETITIONER Case Yo. I-RO---20 5.-Dec-ided Augu'st 31, 19418 DECISION AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the bearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members. * Upon the entire record in this case, the Board finds:

  1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.

  2. The Petitioner and Gas and By-Product Coke Workers' Local Union 12003, U. M. W. A., herein called the Intervenor,' are labor organizations claiming to represent employees of the Employer.

  3. No question concerning representation of employees of the Employer exists within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, under the following circumstances:

The Employer and the Intervenor entered into a collective bargaining agreement on January 31, 1944, which, as amended on February 17, 1947, was to continue until October 15, 1948, and for successive 1-year periods thereafter unless either party notified the other of a desire to cancel or amend the agreement 30 days prior to an anniversary date. In January 1948 the Employer and the Intervenor began negotiations to modify this contract. On February 17, 1948, the Employer, *Huoston, Murdock, and Gray.

I The Intervenor has not complied with Section 9 (f) and (h) of the Act but was permitted to intervene because of its present contractual relationship with the Employer.

by a letter to the Intervenor, proposed a wage increase and modification of the established vacation policy in return for the Intervenor's promise not to exercise its right to amend or cancel the agreement prior to October 15, 1949. On February 20, 1948, the Intervenor signified its acceptance of these terms by signing the Employer's letter.

Prior to the Intervenor's acceptance, however, by letter dated February 17, 1948, the Petitioner informed the Employer that it represented the Employer's engineers and firemen, and on February 18, 1948, it filed the petition herein.

Where, as here, a collective bargaining agreement contains no renegotiation clause, negotiations to modify the terms of the agreement 'open up' the agreement and permit the making of a representation claim during the...

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