Denver Smoked Fish Co.

National Labor Relations Board - Board Decisions

Jul 28, 1948

78 N.L.R.B. 631 (N.L.R.B. 1948)

In the Matter of Louis W. COURTNEY AND ELMER J. SEIDEL, D/B/A_
DENVER SMOKED FISH Co., EMPLOYER and PRODUCE DRIVERS, WARE-
HOUSEMEN AND HELPERS LOCAL UNION No . 452, AFFILIATED WITH
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS AND,
HELPERS UNION OF AMERICA, PETITIONER
Case No. 30-RC-19.-Decided July 28, 1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was scheduled for May 26,1948,
before a hearing officer of the National Labor Relations Board. In
conformity with Section 202.20 of the National Labor Relations
Board's Rules and Regulations-Series 5, notice of said hearing was
duly served upon the parties herein. However, neither the Petitioner
nor the Employer appeared at or participated in said hearing.
We view the failure of the Petitioner to appear at said hearing as a
disclaimer of interest in the representation of the employees of the
Employer. Therefore, we find that no question of representation exists
concerning the representation of the employees of the Employer within
the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the
Act. Accordingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of the Employer, filed herein, be,
and it hereby is, dismissed.
CHAIRMAN HERZOG and MEMBER MURDOCK took no part in the con-
sideration of the above Decision and Order.
78 N. L. R B., No. 75.
63L