Hartsville Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 27, 1948

79 N.L.R.B. 206 (N.L.R.B. 1948)

In the Matter of HARTSVILLE MANUFACTURING COMPANY,1 EMPLOYER
and INTERNATIONAL LADIES' GARMENT WORKERS' UNION, PETI-
TIONER
Case No. 1O-RC-156.-Decided • August • 07, 1948.
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held on May 28,1948, before
a hearing officer of the National Labor Relations Board. As provided
in Section 202.20 of National Labor Relations Board Rules and Regu-
lations-Series 5, the Petitioner was served with notice of hearing, but
did not appear. For this reason, among others, the Employer moved
to dismiss the petition. The hearing officer referred the Employer's
motion to the Board.2
We view the Petitione-'s conduct in absenting itself from the hearing
and its failure, subsequently, to inform the Board of a valid reason
therefor, as a disclaimer of interest in the representation of the em-
ployees of the Employer. We therefore find that no question affecting
commerce 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.3 Accordingly, we shall grant the Employer's
motion to 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.
MEMBER REYNOLDS took no part in the consideration of the above
Decision and Order.
1 As amended at the hearing.
3 Pursuant to the provision of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three-man panel consisting
of Chairman Herzog and Board Members Reynolds and Murdock.
Matter of Denver Smoked Fish Co., 78 N L. R. B. 631.
[See infra; 79-N.-L. R. B. 1269; for Supplemental Decision and.
Direction of Election.]
79 N. L. R. B., No. 28.
206