National Labor Relations Board v. Mark J. Gerry, Inc., D/B/A Dove Manufacturing Company

This is a petition by the National Labor Relations Board for an order of this court enforcing an order of the Board issued against Mark J. Gerry, Inc. on January 30, 1964.

In mid-September, 1960, upon winning an election, the Employees’ Group Union was duly certified by the Board as exclusive bargaining representative of respondent’s production and maintenance employees. Under date of September 30, it entered into a collective bargaining agreement with respondent. The agreement was for two years, with a provision for automatic annual renewals unless terminated by a sixty day notice prior to the expiration of the current term.

The Los Angeles Dress and Sportswear Joint Board, a subsidiary of the Inter national Ladies’ Garment Workers’ Union, which had been defeated at the election in 1960, renewed its organizing efforts in 1962 and on July 19 of that year filed with the N.L.R.B. a petition for the determination and certification of bargaining representative pursuant to Section 9 of the Act. ( 29 U.S.C.A. § 159 ). The Board, concluding that a question of representation had arisen and that the contract was not a bar [In re Mill B, Inc., 40 N.L.R.B. 346 (1942)], caused an election…