Celanese Corp. of America

National Labor Relations Board - Board Decisions

May 4, 1950

89 N.L.R.B. 1149 (N.L.R.B. 1950)

In the Matter Of CELANESE CORPORATION OF AMERICA, EMPLOYER and
TEXTILE WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 5-RC-241
SUPPLEMENTAL DECISION
AND
ORDER
May 4, 1950
Pursuant to a Decision and Direction of Election issued herein on
April 25, 1949,' an election by secret ballot was conducted - on May 18,
19, and 20, 1949 , under the direction and supervision of the Regional
Director for the Fifth Region among certain employees of the Em-
ployer.
Upon completion of the balloting, a Tally of Ballots was furnished
the parties. The tally reveals that of approximately 3,812 eligible
voters, 3,160 cast ballots, of which 858 Were for the Petitioner, 2,276
against the Petitioner, and 11 void; 15 ballots were challenged?
On May 26, 1949, the Petitioner filed objections to conduct affect-
ing the results of the election. Thereafter, on August 26, 1949, fol-
lowing an investigation, the Regional. Director issued his Report on
Objections, in which he recommended that all objections except one be
overruled, and that, on the strength of the last remaining objection,
numbered (5), the election be set aside. On September 9, 1949, the
Employer filed exceptions to the report on objections; the Petitioner
filed no exceptions.
On September 28, 1949, the Board ordered that a hearing be held
for the purpose of receiving evidence on objection (5). Thereafter,
on November 16, 1949, a hearing was held before Gilbert Cohen, hear-
ing officer. All parties appeared and participated. In accordance
1 83 NLRB 103.
2 On the basis of an unexpired contract covering the employees here involved, United
Construction Workers, affiliated with United Mine Workers of America , herein called the
Intervenor , was permitted to intervene at the original hearing held on March 2 , 1949. As
the Intervenor had not complied with the filing requirements of Section 9 (h) of the Act, its
name was not placed on the ballot.
89 NLRB No. 140.
1149
1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the Board order, on January 26, 1950, the hearing officer issued
and caused to be served upon all parties concerned a report, in which
he recommended that objection (5) be overruled. The Employer and
the Petitioner filed exceptions to the hearing officer's report.
As the election herein was held on May 18, 19, and 20, 1949, approxi-
mately a year ago, the Petitioner may, if it so desires, file a new petition
for a new election. Accordingly, we do not believe that any practical
purpose would be served by passing on the merits of the Petitioner's
objections at this time. We shall therefore dismiss the petition without
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.
'Barnhart Davis Company , 89 NLRB 977 ; Edo Aircraft Corporation, 76 NLRB 447;
Stokely Foods, Inc., 75 NLRB 1240.