Albrecht Liquor Co.

National Labor Relations Board - Board Decisions

Oct 1, 1948

79 N.L.R.B. 1249 (N.L.R.B. 1948)

In the Matter of ALBRECHT LIQUOR COMPANY, EMPLOYER and DISTIL-
LERY; RECTIFYING AND WINE WORKERS' INTERNATIONAL UNION OF
AMERICA, AFL, PETITIONER
Case No. 14-RC-225.-Decided October 1, 1948
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 hearing 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 labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act for the following
reasons:
The Employer at the hearing moved to dismiss the petition on
the ground, among others, that the petition was defective because the
Petitioner had failed to answer the following questions on the peti-
tion : "Has the Petitioner notified the employer of claim that a question
concerning representation has arisen?" and "Has the employer failed
to recognize the Petitioner?" As the Petitioner has not alleged that
it requested recognition and that the Employer declined, prior to the
filing of the petition, to recognize the Petitioner as the -exclusive bar-
'Houston, Murdock , and Gray.
79 N. L. R. B., No. 164.
1249
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gaining representative of the employees herein involved, as required
by Section 9 (c) (1) of the Act, as amended, we shall dismiss the peti-
tion. Matter of Advance Pattern Company, 79 N. L. R. B. 209.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.