Walker County Hosiery Mills

National Labor Relations Board - Board Decisions

Dec 19, 1949

87 N.L.R.B. 1167 (N.L.R.B. 1949)

In the Matter of WALKER COUNTY HOSIERY MILLS, EnrPLOYER and
C. C. SU-NI3IEItLIN, ARVEL PENLEY, R. W. WHITE (INDIVIDUALS),
PETITIONERS and AMERICAN FEDERATION OF HOSIERY WORKERS,
UNION
Case No. 10-RD-0.-Decided December 19, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Frank E.
Hamilton, Jr., hearing officer. 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 -member panel [Chairman Herzog and Members
Houston and Murdock].
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 labor organization involved claims to represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
In 1944 the Union, American Federation of Hosiery Workers, was
certified as the bargaining representative of the employees of the
Employer. Contracts between the Union and the Employer were
subsequently executed. On July 22, 1949, the Employer, in accord-
ance with the terms of the contract then in force, notified the Union
of its desire to terminate the contract 2 weeks from the date of notice.
On August 23, the petition for decertification was filed.
However, on August 2, 1949, the shareholders of the Employer had
voted to liquidate the corporation, and resolved that the officers be
authorized and directed to sell all its assets, to pay its outstanding
obligations, and to distribute the balance to the shareholders. Pro-
87 NLRB No. 87.
1167
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction at the Employer's plant virtually ceased on September 30,
1949, all but 7 of the approximately 330 employees in the unit were
laid off, and some of the knitting machines were sold. The Employer
has no plan to operate the plant in the foreseeable future except pos-
sibly to finish raw material now on hand. From these facts it seems
clear that no useful purpose would be served by directing an election
in this proceeding. Accordingly, we shall dismiss the petition herein,
without prejudice to the filing of a new petition if operations are
resumed.?
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
1 The Employer urged that an election be.held in order that a possible purchaser of the
business might know its duties in relation to the Union.