Industrial Venetian Blind Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1948

78 N.L.R.B. 925 (N.L.R.B. 1948)

In the Matter Of INDUSTRIAL VENETIAN BLIND MANUFACTURING COM-
PANY, INC.,' EMPLOYER and STANLEY B. GUTKAISS, AN EMPLOYEE,
"' PETITIONER and BEDDING, CURTAIN, AND DRAPERY WORKERS UNION,
i LOCAL 140, OF THE UNITED FURNITURE WORKERS OF AMERICA, CIO,2
UNION
Case No. 2-RD-36.-Decided August 12,1948
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations 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 National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members."
The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
The labor organization involved has been the recognized representa-
tive of employees of the Employer.
Upon the entire record in this case, the Board finds 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 for the following reasons:
(1) The Union was never certified as the collective bargaining agent
of employees of the Employer;
(2) The Employer does not currently recognize the Union as the
collective bargaining agent of employees of the Employer.3
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 . Accord-
The name of the Employer appears as amended at the hearing.
3 The name of the Union appears as amended at the hearing.
* Chairman Herzog and Members Houston and Reynolds.
3 See Matter of Queen City Warehouses Inc, 77 N. L. R. B. 268.
78 N. L. R. B., No. 131.
925
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ingly, we shall dismiss the instant petition. The dismissal, however, is
without prejudice to the filing of an appropriate petition for investiga-
tion and certification of representatives by the Employer, or any per-
son, or labor organization.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.