American Packing Corp.

National Labor Relations Board - Board Decisions

Feb 9, 1948

76 N.L.R.B. 35 (N.L.R.B. 1948)

In the Matter of AMERICAN PACKING CORPORATION, EMPLOYER and
UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER
Case No. 2-R-7759.Decided February 9, 1948
Mr. Henry Herzfeld, of Jersey City, N. J., for the Employer.
Mr. William Rix, of New York City, for the Petitioner.
Ashe d Rifkin by Mr. David I. Ash,e, of New York City, for the
Intervenor.
DECISION
AND
ORDER
Upon a petition duly filed, the National Labor Relations Board, on
June 13, 1947, conducted a prehearing election among employees of the
Employer in the alleged appropriate unit to determine whether they
desired to be represented by the Petitioner or by Local 5, Amalgamated
Meat Cutters & Butcher Workmen of North America, AFL, herein
called the Intervenor, for the purposes of collective bargaining, or by
neither.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 227 eligible
voters. Of the 183 votes cast, 29 were for the Petitioner, 152 for the
Intervenor, 2 were against representation by either labor organization,
and 2 were challenged.
Thereafter, the Petitioner having filed objections to the conduct of
the election, a hearing was held at New York City, on August 19, 1947,
before Vincent M. Rotolo, hearing officer.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-man
panel, consisting of the undersigned Board Members.*
The Petitioner has failed to comply with Section 9 (f), (g), and (h)
of the Act, as amended. We shall terminate the investigation in this
case without considering the merits of Petitioner's objections to the
election. We will, therefore, dismiss the petition herein without preju-
dice to the right of the Intervenor to file a petition in its own behalf
.Chairman Herzog and Members Reynolds and Murdock.
I See Matter of Harwicke -Etter Company , 75 N. L R B 992.
76 N. L. R.B., NO. 3.
35
781902-48-vol. 76-4
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
The National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives filed by the Peti-
tioner herein be, and it hereby is, dismissed.