Barnhart Davis Co.

National Labor Relations Board - Board Decisions

Nov 30, 1948

80 N.L.R.B. 977 (N.L.R.B. 1948)

In the Matter of BARNHART DAVIS COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No. 65, LOCAL
LODGE 1328, PETITIONER
Case No. 6-RC-4.-Decided November 30,19.48
DECISION
AND
ORDER
On October 28, 1947, pursuant to a "Stipulation for Certification
upon Consent Election," an election by secret ballot among the em-
ployees in the stipulated unit was held under the direction and super-
vision of the Regional Director for the Sixth Region.
Upon completion of the election, a Tally of Ballots was served
upon the parties. The Tally showed that, of the approximately 19
eligible voters, 18 cast valid ballots, of which 5 were for, and 13 against,
the Petitioner.
On November 1, 1947, the Petitioner filed objections to the election.
Thereafter, the Regional Director investigated the objections and,
on December 18, 1947, issued a Report on Objections, in which he
found that the objections raised substantial and material issues with
respect to the election and recommended that the Board direct a hear-
ing on the objections. No exceptions were filed to the Regional
Director's Report by any of the parties within the time provided
therefor.
On February 12, 1948, the Board ordered that a hearing be held
on all the issues raised by the objections. Thereafter, on March 10,
1948, a hearing was held at Warren, Pennsylvania, before W. G.
Stuart Sherman, hearing officer.
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.*
More than a year has now elapsed since the holding of the election
herein, and the Petitioner may, if it so desires, file another petition for-
a new election. Accordingly, we do not believe that any practical
*Chairman Herzog and Members Murdock and Gray.
80 N. L. R. B., No. 144.
977
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
purpose would be served by passing on the merits of the Petitioner's
objections at this time.' We shall therefore dismiss the petition with-
out ruling on the objections, and without prejudice to the filing of a
new petition.
ORDER
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed without prejudice.
A See Matter of Desmonds Inc., 75 N. L. R. B. 1243. •