Murray B. Marsh Co., Inc.

In the Matter Of MURRAY B'. MARSH COMPANY, INC., EMPLOYER AND PETITIONER and NEW FURNITURE & APPLIANCE DRIVERS, WARE- HOUSEMEN & HELPERS UNION, LOCAL 196, A. F. OF L., UNION Case No. 21-RM 34. Decided August 26, 1948 DECISION . AND ORDER Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. 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-than panel consisting of the undersigned Board Members.* - Upon the entire record in the case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. . 2. 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: At the hearing on June 1, 1948, the Union's representative expressly denied that the Union represented a majority of the Emplover's em- ployees, and moved to dismiss the petition. We find that the Union has withdrawn any claim to represent a majority of the employees which may have arisen from its prior conduct. Accordingly, the motion to dismiss the petition is hereby granted.' ORDER Upon the basis of the entire record in the case, the National Labor Relations Board hereby orders that the petition for certification of representatives of employees of Murray B. Marsh Company, Inc., Los Angeles, California, filed by the Employer herein, be, and it here- by is, dismissed. •Chairman Herzog and Members Murdock and Gray. Matter of Bernard Stint, et al. d/b/a/ Ny-Lint Tool & Mfg. Co., 77 N. L. R. B. 642. 79 N. L. R. B., No. 13. 76