Marine Fabricators Co.

National Labor Relations Board - Board Decisions

Feb 23, 1949

81 N.L.R.B. 930 (N.L.R.B. 1949)

In the Matter Of MARINE FABRICATORS COMPANY, EMPLOYER and
CHARLES WILSON, PETITIONER and LOCAL 60, INDUSTRIAL UNION OF
MARINE dL' SHIPBUILDING WORKERS OF AMERICA, C. I. O., UNION
Case No. 4-RD-01.-Decided February 03, 1949
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 em-
ployees 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; and
2. The Employer does not currently recognize the Union as the
collective bargaining agent of employees of the Employer, and refuses
to do so until it is properly certified.,
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-
ingly, we shall dismiss the instant petition. The dismissal, however,
*Reynolds, Murdock, and Gray
' See Matter of Queen City Warehouses, Inc., 77 N L R B 268; Matter of Cronin Motor
Co., Inc, 77 N L R B 808, and Matter of Industrial Venetian Blind Manufacturing Co.,
Inc, 78 N L R B 925
81 N. L. R. B., No. 140.
930
MARINE FABRICATORS COMPANY 931
is without prejudice to the filing of an appropriate petition for inves-
tigation and certification of representatives by the Employer, or any
person, 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.
829595-50-vol. 81-Q G