Hardwicke-Etter Co.

In the Matter Of HARDWICKE-ETTER COMPANY, EMPLOYER and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER Case No. 16-R-2155.-Decided January 22, 1948 Mr. L. N. D. Wells, Jr., of Dallas, Tex., for the Petitioner. Mr. John W. Carlton, of Fort Worth, Tex., for the Intervenor. DECISION AND ORDER Upon a petition duly filed, the National Labor Relations Board conducted a prehearing election on June 3, 1947, to determine whether the employees in the alleged appropriate unit desired to be represented by the Petitioner or the Intervenor.' At the close of the election a Tally of Ballots was furnished the parties. The Tally showed that, of approximately 275 eligible voters, 237 cast ballots, of which 92 were for the Petitioner, 139 for the In- tervenor, 2 against the participating labor organizations, and 4 were challenged. One ballot was void. On June 6, 1947, the Petitioner filed with the Board a Protest to the Election, alleging that the Employer interfered with the conduct of the election.'- Thereafter, a hearing was held at Sherman, Texas, on July 14, 1947, before Hearing Officer Robert Silagi. The Petitioner has not complied with the filing requirements enu- merated in Section 9 (f), (g), and (h) of the Act as amended. We shall terminate the investigation in this case without considering the merit of the Petitioner's objections to the election. We will, therefore, dis- miss the petition herein, without prejudice to the right of the Inter- venor to file a petition in its own behalf.3 ORDER IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of Hardwicke-Etter Com- pany, Sherman, Texas, filed by the United Steelworkers of America, CIO, be, and it hereby is, dismissed. MEMBER GRAY took no part in the consideration of the above Decision Decision and Order. International Association of Machinists. The Intervenor filed a motion to dismiss the Protest to the Election We find it unnec- essary to pass upon this motion in view of our determination herein to dismiss the petition. 3 See Matter of Monam ental Life Insurance Conipawl, 75 N L. R B 776 75 N. L R. B., No. 119. 992