Sentinel Protective Agency, Inc.

National Labor Relations Board - Board Decisions

Jun 13, 1974

211 N.L.R.B. 552 (N.L.R.B. 1974)

552 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Sentinel Protective Agency, Inc.' and Local 87, Inter-
national Union of Police and Protection Employees,
IWA, Petitioner . Case 2-RC-16413
June 13, 1974
DECISION AND ORDER
BY MEMBERS FANNING, KENNEDY, 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 Howard
Shapiro. After the hearing and pursuant to Section
102.67 of the National Labor Relations Board's
Rules and Regulations, Series 8, as amended, and by
direction of the Regional Director for Region 2, this
proceeding was transferred to the Board for decision.
Thereafter, the Petitioner and the Intervenor2 filed
briefs in support of their respective positions.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
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
National Labor Relations 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 are labor
organizations within the meaning of the Act.
3. No question affecting commerce exists con-
cerning the representation of the employees of the
Employer within the meaning of Section 9(c)(1) and
Section 2(6) and (7) of the Act.
The Employer recognized the Intervenor as the
exclusive collective-bargaining representative of all
its security guards on November 16, 1973, on the
basis of signed authorization cards, and at that time
signed a recognition agreement providing that the
parties would meet for the purpose of collective
bargaining no later than November 30, 1973. Starting
in December, the Employer and Local 803 held
discussions concerning terms and conditions of
employment on several occasions and, on January
14, 1974, signed a collective-bargaining agreement
which was to be effective February 1, 1974.
On January 28, 1974, the Petitioner filed a petition
for an election, accompanied by a sufficient showing
of interest in the unit. The evidence shows that the
Petitioner had started its organizing campaign
among the Employer's employees a week or 10 days
prior to January 28, 1974.
The Intervenor contends that the petition is barred
by the collective-bargaining contract executed by the
Employer and the Intervenor or, in the alternative,
by the recognition agreement executed on November
16. The Petitioner contends that the contract is not a
bar as it was not effective on the date the petition
was filed. The Petitioner further contends that the
recognition agreement signed between the Intervenor
and the Employer is not a bar in that it was
superseded by a recognition clause in the collective-
bargaining agreement signed on January 14 which
did not become effective until February 1, thereby
creating a gap in recognition from the date of the
contract's execution to its effective date. Because we
find that, under the circumstances, recognition does
bar the petition, we do not reach or pass upon the
contention that the contract is not a bar.
Petitioner does not contend that recognition was
extended to the Intervenor after Petitioner began
organizing; nor does it contend that the Employer
was aware that it intended to launch an organizing
campaign at the time it recognized the Intervenor. It
does contend, however, that the Board should afford
the employees an opportunity to choose whether they
wish to be represented by the Petitioner or by the
Intervenor, since more than 2 months elapsed from
the date of the Employer's recognition to the time the
contract was to become effective, and because
employees showed dissatisfaction with representation
by the Intervenor by supporting this petition.
The Employer's recognition of the Intervenor
followed an examination of authorization cards
whereby the Employer satisfied itself that the
Intervenor rightfully represented a majority of the
employees in a unit which all parties have agreed is
appropriate. Thereafter, the Employer and the
Intervenor signed a preliminary agreement contem-
plating, and providing the basis for, negotiation of a
comprehensive collective-bargaining agreement, as
well as memorializing recognition of the Intervenor.
We have previously held that the good-faith
recognition of a labor organization on the basis of a
demonstrated majority, when no other labor organi-
zation is engaged in organizing, supports a presump-
tion of continuing majority and bars an election for a
reasonable period of time to permit the parties to
negotiate a collective-bargaining agreement.3 The
Petitioner herein was not engaged in organizing the
Employer's employees at the time the Intervenor was
recognized but rather did not engage in such
The name of the Employer appears as amended at the hearing . America.
3 Security Guards and Watchmen Local Union No. 803 , International 3 Keller Plastics Eastern, Inc., 157 NLRB 583; Timbalier Towing
Brotherhood of Teamsters , Chauffeurs , Warehousemen and Helpers of Company, Inc., 208 NLRB No. 89.
211 NLRB No. 61
SENTINEL PROTECTIVE AGENCY, INC. 553
organization until after the Employer and the such an agreement . We therefore find that the
Intervenor had executed a collective -bargaining petition herein is barred by the prior recognition of
agreement . Although that agreement was not to the Intervenor. We shall dismiss the petition.
become effective until approximately 4 days subse-
quent to the filing of the petition herein , we do not ORDER
believe that the time lapsed between the recognition
agreement and the effective date of the contract was It is hereby ordered that the petition herein be, and
an unreasonable period for the parties to come to it hereby is, dismissed.