Kilgore Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 25, 1950

91 N.L.R.B. 1259 (N.L.R.B. 1950)

In the Matter Of KILGORE MANUFACTURING Co., EMPLOYER and
INTERNATIONAL UNION OF OPERATING ENGINEERS , LOCAL 530,
PETITIONER
Case No. 8-RC-927.-Decided October 25,1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Bernard Ness, hearing officer.
The hearing officer's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of tl e Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Murdock, and Styles] .
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the represen-
tation 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:
The Petitioner seeks a unit of all licensed engineers, firemen, and
powerhouse maintenance men employed at the Employer's Newark
Ordnance Division, Newark, Ohio, excluding all other employees,
guards, and supervisors. The Employer moved to dismiss the in-
stant petition upon the ground, among others, that the unit sought
consists of only one employee.
On or about June 18, 1950, the Employer laid off approximately
225 employees, including 3 of the 4 employees here sought to be rep-
resented. At the time of the hearing, a skeleton staff of 30 employees;
was being retained to maintain the buildings and property of the
Employer. The Employer stated at the hearing that if business war-
ranted resuming operations, the laid-off employees would be called
back, but was unable to foresee when such a resumption of operations
might occur. On October. 10, 1950, the Board was administratively
91 NLRB No. 196.
1259
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
advised that since the close of the hearing, plant operations have been
further curtailed.
In view of the above facts, it appears that the prospect of the laid-off
employees being recalled is at this time purely speculative. As the
laid-off employees are therefore not eligible to vote, there is only one
employee at present in the unit sought. Accordingly, without de-
termining whether or not the requested unit would otherwise be ap-
propriate, we shall dismiss the petition.,
ORDER
IT Is HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
i Mearl Manufacturing Corporation , 90 NLRB No. 175; Savage Arms Corporation, 89
NLRB 1366.