Crane Co.

National Labor Relations Board - Board Decisions

Feb 2, 1949

81 N.L.R.B. 460 (N.L.R.B. 1949)

In the Matter of CRANE COMPANY, EMPLOYER and HERSCHEL D.
SMITH, PETITIONER and OFFICE EMPLOYEES INTERNATIONAL UNION,
LOCAL No. 18, A. F. L., UNION
Case No. 10-RD-32.-Decided February 2, 194.9
DECISION
AND
ORDER
Upon a petition for decertification duly filed, a hearing was held
before a hearing officer of the National Labor Rel tions 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 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 Petitioner asserts that the Union is no longer the bargain-
ing representative of the employees of the Employer as defined in
Section 9 (a) of the Act.
3. Following a consent election held an June 4, 1946, the Regional
Director for the Tenth Region certified that the Union had been
designated as the bargaining representative of all general office and
clerical employees in the main and shop offices of the Employer at
Birmingham, Alabama, but excluding all draftsmen, salesmen, pri-
vate secretaries, assistant cashiers, general accountant No. 1, guards,
professional employees, and all supervisors as defined in the Act.
Thereafter, the Union and the Employer executed a collective bar-
gaining agreement which expired on July 26, 1948.
At the hearing on December 8, 1948, the Union expressly conceded
that it "does not claim to represent any further a majority of the
employees defined in the unit in the contract" and that an election
was unnecessary. We find that the Union has withdrawn any claim
*Houston , Reynolds , and Murdock.
81 N. L. R. B., No. 81.
460
CRANE COMPANY 461
to represent a majority of the employees which may have arisen
from its prior contract.'
Accordingly , we find that no question affecting commerce exists
concerning the representation of employees of the Employer within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of
the Act, and we shall, therefore , dismiss the petition.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case , the National Labor Relations Board hereby orders that
the petition for decertification of representatives be, and it hereby is,
dismissed.
1 Matter of Murray B. Marsh Company, Inc , 79 N. L R B 76 ; Matter of A. Goodman cE
Son, 77 N. L. R. B. 297; Matter of Riggs Optical Company, Consolidated , 77 N L R. B 265.