Patterson Mills

National Labor Relations Board - Board Decisions

Jan 29, 1948

75 N.L.R.B. 1150 (N.L.R.B. 1948)

In the Matter of PATTERSON MILLS, EMPLOYER and DISTRICT 50, UNITED
Mrini WORKERS OF AMERICA, PETITIONER
0
Case No. 5-R-2775.-Decided January .9, 1948
Mr. D. E. Hudgins, of Greensboro, N. C., for the Employer.
Messrs. H. L. Martin, J. R. Coope, and J. W. Crew, Jr., of Roanoke
Rapids, N. C., for the Petitioner.
Mr. R. C. Thomas, of Wilson, N. C., and Mr. Toby E. Mendes, of
Weldon, N. C., for the Intervenor.
DECISION
AND
ORDER
Upon a petition duly filed, the National Labor Relations Board
conducted a prehearing election on December 4, 1946, to determine
whether the employees in the alleged appropriate unit desired to be
represented by the Petitioner or the Intervenor' for the purposes of
collective bargaining, or by neither.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that, of approximately 764 eligible voters,
707 cast ballots, of which 10 Were void, 192 were for the Petitioner,
152 were for the Intervenor, 328 were against both participating labor
organizations, and 25 were challenged.
On December 10, 1946, the Intervenor filed objections to the election.
Thereafter, a hearing was held at Roanoke Rapids, North Carolina,
on January 9 and 10, 1947, before Hearing Officer Harold M. Weston.
The election held in this case is inconclusive, as appears from the
election results set forth above. However, we shall not dispose of the
Intervenor's objections or the challenged ballots, because the Peti-
tioner has not complied with the filing requirements of Section 9 (f)
and (h) of the amended Act. Instead, we shall dismiss the petition
herein, without prejudice to the right of the Intervenor to file a repre-
sentation petition in its own behalf.2
i Textile Workers Union of America , C. I. O.
2 Matter of Rite-Form Corset Company , Inc., 75 N. L. R. B. 174; Matter of Monumental
Life Insurance Company, 75 N. L. R. B. 776.
75 N. L. R. B., No. 132.
1150
PATTERSON MILLS
ORDER
1151
The National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
Patterson Mills, Roanoke Rapids, North Carolina, filed by District 50,
United Mine Workers of America, be, and it hereby is dismissed.