American Laundry Machinery Co.

National Labor Relations Board - Board Decisions

Feb 10, 1949

81 N.L.R.B. 534 (N.L.R.B. 1949)

In the Matter of AMERICAN LAUNDRY MACHINERY COMPANY, EM-
PLOYER and OPTICAL AND INSTRUMENT WORKERS ORGANIZING COM-
MITTEE , C. I. O., PETITIONER
Case No. 3-RC-164.-Decided February 10, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. In view of the action
herein taken, 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. *
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organization involved claims to represent employees of
the Employer.
The Petitioner herein is the same petitioner involved in Matter of
American Optical Company.- Because the Congress of Industrial
Organizations is not in compliance with Section 9 (f), (g), and (h)
of the Act, and in accordance with the principle announced in the
American Optical case, we find that the Board lacks the power to
investigate the question concerning representation raised herein by
the Petitioner. Accordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for the investigation of rep-
resentatives of employees of American Laundry Machinery Company,
Rochester, New York, filed by Optical and Instrument Workers
Organizing Committee, C. I. 0., be, and it hereby is, dismissed.
* Reynolds , Murdock, and Gray.
1 81 N. L. R. B. 453.
81 N. L. R. B., No. 97.
534