Famous-Barr Co.

National Labor Relations Board - Board Decisions

Apr 27, 1948

77 N.L.R.B. 349 (N.L.R.B. 1948)

In the Matter of THE MAY DEPARTMENT STORES COMPANY, D/B/A
FAMOUS-BARR COMPANY and ELEVATOR OPERATORS AND STARTERS,
LOCAL 50-E, A. F. L.
Case No. 1%-R-779
SUPPLEMENTAL DECISION
AND
ORDER
April 07, 1948
The petition in this proceeding was filed on September 9, 1943.
Following a hearing, the Board issued a Decision and Direction of
Election on January 1, 1944.1 The election was held on January 28,
1944, but was set aside by the Board for the reasons set forth in a
Supplemental Decision and Order, issued on March 31, 1945.2 The
Board issued a Second Direction of Election on April 24, 1945, pur-
suant to which an inconclusive election was held.3 Thereafter, the
Board issued a Second Supplemental Decision 4 and then a, Third 5 Sup
plemental Decision and Third Direction of Election, and on August
8, 1945, the Board issued an Order amending the Third Direction of
Election to provide that the election would be held "at such time as the
Board shall in the future direct, upon advice from the Regional Di-
rector that an election may appropriately be held." The reason for
this action was the pendency of an unfair labor practice proceeding
against the Company, in which the Board subsequently issued a Deci-
sion and Order on August 19, 1946.1 The Eighth Circuit Court of
Appeals enforced the Board's Order on June 20,1947, and the Supreme
Court denied certiorari on October 27,
On February 25, 1948, the Regional Director served upon the parties
a document entitled "Advice to Boardin which he recommended,
among other things, that the Board issue a Fourth Direction of Elec-
1 54 N L R . B. 230. This case was consolidated with another representation proceeding.
2 61 N L R B 258.
2 61 N . L. R B 707; 62 N . L. R. B 375; 62 N. L R. B 1256.
4 62 N . L R B. 375.
562N L R . B. 1256.
" 70 N L R B. 94
7162 P. ( 2d) 247, cert denied 332 U. S 808
77 N. L. It B., No. 51.
349
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion. The Company filed objections to the Regional Director's recom-
mendations and also moved to dismiss the petition for the reasons,
allegedly, that (1) there is no indication that the Petitioner currently
represents a substantial number of employees within the unit; (2) the
1943 hearing does not satisfy the present statutory requirement of a
hearing prior to an election; and (3) the unit herein is not appropriate.
More than 4 years have passed since the filing of the petition and
the hearing in this case. In view of this circumstance, and without
passing on the merits of the Employer's objections, we shall dismiss
the petition without prejudice to the filing of a new petition.8
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of The May Departmbnt Stores
Company, d/b/a Famous-Barr Company, St. Louis, Missouri, filed by
Elevator Operators and Starters, Local 50-E, A. F. L., be, and it
hereby is, dismissed without prejudice.
MEMBER GRAY took no part in the consideration of the above Supple-
mental Decision and Order.
8 See Matter of Edo Aircraft Corporation, 76 N. L R B , 447.