Saginaw Cabinet Co.

National Labor Relations Board - Board Decisions

Apr 29, 1948

77 N.L.R.B. 406 (N.L.R.B. 1948)

In the Matter Of SAGINAW CABINET COMPANY, EMPLOYER and UNTIED
AUTOaIOBILE WORKERS OF AMERICA, AFL, PETITIONER
Case No. 7-R-9495
SUPPLEMENTAL DECISION
AND
ORDER
April 29, 1948
Pursuant to a Decision and Direction of Election 1 issued by the
Board on February 27, 1947, an election by secret ballot was conducted
on March 26, 1947. At the close of the election, the parties were
furnished a Tally of Ballots, which shows that 256 valid votes were
east, of which 20 were for the Petitioner, 132 were for Saginaw
Woodworkers Federation, Local No. 1,2 herein called the Federation,
94 were for United Furniture Workers of America, CIO, herein called
the CIO, 10 were cast against the participating labor organizations,
and that 15 votes were challenged.
On March 31, 1947, the CIO filed objections to the conduct of the
election. Thereafter, on July 24, 1917, the Regional Director issued
his Report on Objections, finding that the objections did not raise
substantial and material issues with respect to the election. However,
because the challenged ballots were sufficient in number to affect the
results of the election, the Regional Director conducted a further
investigation to determine the eligibility of those persons whose ballots
were challenged. Oil July 24, 1947, the Regional Director issued
his Report on Challenged Ballots in which he recommended that
challenges to 14 of the 15 challenged ballots be overruled, that these
ballots be opened and a further tally made, and that a Supplemental
Tally of Ballots setting forth the consolidated tally be issued with
appropriate recommendations.
The Federation and the CIO are not in compliance with Section 9
(f), (g), and (h) of the Act. Under these circumstances, including
the fact that more than a year has elapsed since the holding of the
1 Matter of Saginaw Cabinet Company, 72 N. L . R. B. 951.
3 Incorrectly designated elsewhere in the record as Saginaw Woodworkers Union, Local
No. 1
77 N. L. R. B., No. 65. _
406
SAGINAW CABINET COMPANY 407
election, we do not believe that any practical purpose would be served
by continuing this proceeding.3 We shall dismiss the petition with-
out considering the CIO's objections to the election or the validity
of the challenged ballots and without prejudice to the filing of a new
petition.'
ORDER
IT IS IIEREI3Y ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Saginaw Cabinet Company,
Saginaw, Michigan, filed by United Automobile Workers of America,
AFL, be, and it hereby is, dismissed without prejudice.
3 See Matter of Edo Air(;) aft Corpoi ation, 76 N L R B 447 ; Matter of Neptune
llctei Company, 74 N. L R B. 390 Cf Matter of Hardwwicke -Etter Company, 75
N L R B 992.
4 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in this case to a three -member panel consisting of Chairman
Herzog and Members Reynolds and Murdock