Colonial Radio Corp.

In the Matter of COLONIAL RADIO CORPORATION', EMPLOYEiz and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 440, AFL, PETITIONER Case No. 21-R-4020.-Decided November 17, 1947 DECISION AND ORDER Following the filing of a petition on June 3, 1947, alleging that a question concerning representation had arisen concerning the repre- sentation of employees of the Employer and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, the parties entered into a "Stipula- tion for Certification upon Consent Election." In accordance with the stipulation and the Rules and Regulations of the Board a run-off election was conducted on August 14, 1947, before the effective date of the amendments to the statute. It appears from the Tally of Ballots that United Electrical, Radio and Machine Workers of America, UE- CIO, the intervenor herein, received a majority of the valid votes cast. No objections to the run-off election have been filed by any of the parties within the time provided therefor. The intervenor has not complied with the registration and filing re- quirements of Sections 9 (f) and (h) of the Act, as amended, and is, therefore, ineligible for certificatlon.2 Moreover, by telegram dated November 1, 1947, it has requested that its name be withdrawn from this proceeding. Inasmuch as the labor organization which received a majority of the votes cast in the election is ineligible for certification, we shall order the investigation closed. ORDER IT IS HEREBY ORDERED that the investigation of the question concern- ing the representation of employees of the Employer initiated upon 1 On August 27 , 1947 , after the time provided for filing objections to the run-off election had expired, the petitioner filed with the Regional Office a motion to set the election aside The notion is untimely and is hereby denied 2 Halter of Myrtle Desk Company, 75 N L R B . 226, decided November 17, 1947 75N L H B, No 30 228 COLONIAL RADIO CORPORATION 229 petition of International Brotherhood of Electrical Workers, Local 440, AFL, be, and the same hereby is, closed. MEMBER GRAY took no part in the consideration of the above Decision and Order. 766972-48-vol. 75-I G