Wagner Iron Works

National Labor Relations Board - Board Decisions

Aug 16, 1955

113 N.L.R.B. 752 (N.L.R.B. 1955)

752 DECISIONS OB NATIONAL LABOR RELATIONS BOARD
the Board, in such circumstances, finds to be appropriate for purposes
of collective, bargaining. In that "case, the Regional Director con-
ducting`the election is instructed to issue a certification of'representa-
tives to the labor organization selected by ainajority of the-employees
in voting group (2), which the Board in such circumstances,' ands to
be a unit appropriate for the purposes of collective bargaining. How-
ever, if a majority of the employees in voting group (1) do not vote
for the Operating` Engineers, they^will be included in the warehouse
and maintenance unit and their votes shall be pooled with those vot-
ing in group (2),5 and the- Regional Director conducting-the elec-
tion is instructed to issue a certification of representatives-to the labor
organization selected by a 'majority of the employees in the pooled
group, which the Board, in such circumstances, finds to be a, single
unit appropriate for purposes of collective bargaining.
[Text of Direction of Elections omitted from publication.]
CHAIRMAN FARmmlt, took 'no part in the, consideration of.th above
Decision and Direction of Elections.
15 If the votes are pooled , they are to be tallied in the following manner: The votes for
the Operating Engineers shall be counted as valid votes , but neither for nor against any
union seeking to -represent the more comprehensive unit ; all other votes are to be ac-
corded their face value , whether for representation by a union seeking the comprehensive
group or for no union.
Wagner Iron Works and International Union , United Automobile,
Aircraft & Agricultural Implement Workers of America,
U.A.W.-C.I.0., Petitioner. Case No. I3-RC-20201. August 16,
1955
DECISION AND ORDER
The petition herein was filed on May 31, 1951, and a hearing on
the petition was held on June 25, 1' 951.' However, unwaived unfair
labor practice charges filed by the Employer against the Petitioner
in Case No. 13-CB-148 have precluded the issuance of any decision
here. In view of the fact that more than 4 years have elapsed since
the petition was filed' and the hearing was held, and _the fact that
some of the issues such as contract bar and expanding unit are now
stale, we are of the opinion that no useful purpose would be served by
proceeding on this petition. Accordingly, we shall dismiss the peti-
tion, but without prejudice to the filing of a new petition.'
[The Board dismissed the petition without prejudice to filing of new
petition.]
i Cf. The May Department Stores G,ompany, d/b/a Famous Barr Company, 77 NLRB 349.
'113 NLRB No. 81.