The Empire Furniture Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 28, 1949

82 N.L.R.B. 427 (N.L.R.B. 1949)

In the Matter of THE EMPIRE FURNITURE MANUFACTURING Co., EM-
PLOYER and UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMER-
ICA, A. F. L.,.PETITIONER
Case No.1-RC-855.-Decided March 28, 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.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner's general organizer testified at the hearing that a
local of the Petitioner had boten formed, that it had applied for a
charter, but that no local number had been assigned at the time of the
hearing. The witness further testified that the local had elected of-
ficers, and that it had a bank account. This local is not in compliance
with the filing requirements of Section 9 (f), (g), and (h) of the
amended Act. We shall therefore dismiss the petition."
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.
*Chairman Herzog and Members Houston and Murdock.
1 Matter of Lane-Wells Company, 79 N. L. R. B. 252 ; Matter of The Prudential Insurance
Company of America, 81 N. L. R. B. 295.
82 N. L. R. B., No. 44. 427