Neptune Meter Co.

National Labor Relations Board - Board Decisions

Jun 27, 1947

74 N.L.R.B. 390 (N.L.R.B. 1947)

In the Matter of NEPTUNE METER COMP ANY a zd INTERNATIONAL
MoI.DElts AND FouNDRY WORKERS OF NORTH AMERICA, LOCAL 87, AFL
Case No. 2-R-5110
SUPPLEMENTAL DECISION
AND
ORDER
Junze 27, 1947
Pursuant to a Decision and Direction of Election 1 issued by the
Board on April 29, 1946, an election by secret ballot was conducted on
May 23,1946.2 At the close of the election, the parties were-furnished
a Tally of Ballots which indicates that there were 165 eligible voters
and that 161 of the eligible voters cast ballots, of which 67 were for
the UE-CIO, United Electrical Radio R Machine Workers of America,
CIO, herein called the UE, 92 were against the UE, and 2 were chal-
lenged.
On May 28, 1946, the UE filed Objections to Election, and on Octo-
ber 16, 1946, Amended Objections to Election. Thereafter, on Novem-
ber 21, 1946, the Regional Director issued his Report on Objections
finding that a substantial question had arisen regarding conduct affect-
ing the election and recommending that the Board direct a hearing
upon the Objections. Exceptions to the Report on Objections were
filed by the Employer on November 29, 1946.
Thereafter, a hearing on the Exceptions was held at New York City,
on February 17, 1947, before Frederic B. Parkes, II, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.3
It appears that the objections filed by the UE relate principally to
the continuance or renewal by the Employer of conduct which the
1 67 N. L R. B 949
2 On May 21 , 1946, the Board granted the motion to withdraw from the ballot filed by
the International Molders and Foundry Workers of North America, Local 87, AFL, the
petitioning union herein. At the same time , the Board denied the Employer 's motion to
dismiss the petition
3 At the hearing the pasties entered into a stipulation of facts in lieu of the taking ,of oral
testimony.
74 N. L. It. B., No. 67.
390
NEPTUNE METER COMPANY 391
Board, in another proceeding,4 found to constitute unfair labor prac-
tices within the meaning of Section 8 (1) and (2) of the Act, and
from which the Board, in that proceeding, ordered the Employer to
cease and desist. In the present proceeding the UE had filed a waiver
in which it waived as objections to the conduct of the election matters
involved in the afore-mentioned unfair labor practices proceeding.
The UE contends, however, that the Employer.continued its unfair
labor practices after the filing of the waiver and that such conduct
was, therefore, not encompassed by any waiver. We find it unneces-
sary to pass upon the merits of the contentions of the parties. Under
all the circumstances of this case, including the fact that more than a
year has elapsed since the holding of the election, we do not believe
that any practical purpose would be served even were we to vacate and
set aside the election at the present time. Accordingly, we shall dis-
miss the petition without prejudice to the filing of a new petition.
ORDER
IT IS IJEREBY.ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Neptune Meter Company, Long
Island City, New York, filed by International Molders and Foundry
Workers of North ,America, Local 87, AFL, be, and the same hereby
is, dismissed without prejudice.
CI-IArEMAN HERZOG took no part in the consideration of the above
Supplemental Decision and Order.
4Matter of Neptune Meter Company , 66 N. L R . B. 292 , enf'd as modified , 158 F (2d)
448 (C. C. A. 2), petition for certiorari filed January 17, 1947