Murray B. Marsh Co., Inc.

National Labor Relations Board - Board Decisions

Aug 26, 1948

79 N.L.R.B. 76 (N.L.R.B. 1948)

In the Matter Of MURRAY B'. MARSH COMPANY, INC., EMPLOYER AND
PETITIONER and NEW FURNITURE & APPLIANCE DRIVERS, WARE-
HOUSEMEN & HELPERS UNION, LOCAL 196, A. F. OF L., UNION
Case No. 21-RM 34. Decided August 26, 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-than panel consisting of the undersigned Board
Members.* -
Upon the entire record in the case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
. 2. No question affecting commerce exists concerning the representa-
tion 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:
At the hearing on June 1, 1948, the Union's representative expressly
denied that the Union represented a majority of the Emplover's em-
ployees, and moved to dismiss the petition. We find that the Union
has withdrawn any claim to represent a majority of the employees
which may have arisen from its prior conduct. Accordingly, the
motion to dismiss the petition is hereby granted.'
ORDER
Upon the basis of the entire record in the case, the National Labor
Relations Board hereby orders that the petition for certification of
representatives of employees of Murray B. Marsh Company, Inc.,
Los Angeles, California, filed by the Employer herein, be, and it here-
by is, dismissed.
•Chairman Herzog and Members Murdock and Gray.
Matter of Bernard Stint, et al. d /b/a/ Ny-Lint Tool & Mfg. Co ., 77 N. L . R. B. 642.
79 N. L. R. B., No. 13.
76