Davisville Hosiery Mill, Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1950

88 N.L.R.B. 738 (N.L.R.B. 1950)

In the Matter of. DAVISVILLE HOSIERY MILL, INC., EMPLOYER and
MARTIN M. RITTER, ET AL., PETITIONER and AMERICAN FEDERATION
OF HOSIERY WORKERS' 1 UNION
Case No. 4-RD-42.-Decided 1> ebruary X1,1950
DECISION
AND
ORDER
Upon a petition for decertification duly filed, a hearing was held
before E. Don Wilson, hearing officer. 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-member panel [Chairman Herzog and Members
Houston and Reynolds].
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 The Petitioners assert that the Union no longer represents em-
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following reasons:
Section 9 (c) (1) (A) (ii) of the Act empowers the Board to inves-
tigate a petition for decertification of a "labor organization which'has
been certified or is being currently recognized" by the Employer
(emphasis supplied). In the present case the Union has not been
certified, and there is no basis in the record for finding that the Union
is "currently recognized" by the Employer as the representative of the
employees.
The record does show that the Employer and the Union executed a
contract which expired on August 31,1949. Thereafter, the employees
went on strike. On or about January 4,1950, a majority of the employ-
'Although the Union was properly served with a notice of hearing, it failed to appear
at the hearing.
88 NLRB No. 150.
738
DAVISVILLE HOSIERY MILL, INC. 739,
ees returned to work, and by the time of the hearing in this case the
picket line had been withdrawn. There is no evidence of dealings
between the Employer and the Union after August 31, 1949.
As neither of the requisites prescribed by Section 9 (c) (1) (A) (ii)
of the Act is present in this case, it is clear that the Board is not em-
powered to entertain a decertification petition at this time.2 Accord-
ingly, we shall dismiss the petition.
ORDER
IT IS ]HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 Marine Fabricators Company, 81 NLRB 930, and cases cited therein.
882191-51--48