Monumental Life Insurance Co.

In the Matter of MONUMENTAL LIFE INSURANCE COMPANY, Eii PLOY ER and UNITED OFFICE & PROFESSIONAL WORKERS OF AMERICA, CIO, PETITIONER Case No. 1,3-B-41414.-Decided January 13, 194/8 Sonnenschein, Berkson, La26tmann, Levinson and Morse, by Messrs. Jack I. Levy and Ben Liss, of Chicago, Ill., for the Employer. Messrs. Irving Meyers, Joseph Moran and Frank Manago, of Chi- cago, Ill., for the Petitioner. Daniel D. Carmell by Mr. Lester Asher, of Chicago, Ill., and Mr. Jack Bradon, of Chicago, Ill., for the-Intervenor. DECISION AND ORDER Upon a petition duly filed, the National Labor Relations Board con- ducted a prehearing election on June 13, 1947, to determine whether the employees in the alleged appropriate unit desired to be repre- sented by the Petitioner or the Intervenor' for the purposes of collec- tive bargaining or by neither. At the close of the election a Tally of Ballots was furnished the parties. The Tally showed that of approximately 83 eligible voters, 82 cast ballots of which 27 were for the Petitioner, 26 for the Inter- venor, 28 against the participating labor organizations, and 1 ballot was challenged. Thereafter, a hearing was held at Chicago, Illinois, on July 8 and 9, 1947, before Hearing Officer, Gustaf B. Erickson. The election held in this case is inconclusive, as appears from the election results set forth above.' The Petitioner, however, has failed i Industrial & Ordinary Insurance Agents Council, A F L 2 The proposed unit, as amended at the hearing, included all the Employer's industrial insurance agents in the State of Illinois, excluding managers, assistant managers . cashiers, and cleucal employees It did not include those agents working in the East St Louis area with headquarters in St Louis, Missouri The Employer sought to confine the unit to the employer's Chicago offices and to exclude a single agent working at Rockford, Illinois. We • are of the opinion that the appropriate unit herein should he on a State-wide basis and should therefore include the Rockford agent See Matter of Metropolitan Life Insurance Company, 56 N L R B 1635-1640 and 56 N L R B 1642, 1644-1646; Matter of People's Life Insinance Company, 72 N L R B 177, iSO. Mattel of Monumental Life Insinance Coin pani/, 60 N L R B 510, 62 N L it B 1200. 75 N. L. R B., No. 93. 776 MONUMENTAL LIFE INSURANCE COMPANY 777 to comply with the filing requirements of Section 9 (f), (g), and (h), of the Act, as amended. We shall, therefore, dismiss the petition herein,3 without prejudice to the right of the Intervenor to file a petition in its own behalf. ORDER The National Labor Relations Board hereby orders that the petition for investigation and certification of representatives filed by the Peti- tioner herein, be, and it hereby is, dismissed. 3 Matter of Rite -Form Corset Company, Inc, 75 N L R, B 174.