Hartsville Manufacturing Co.

In the Matter of HARTSVILLE MANUFACTURING COMPANY,1 EMPLOYER and INTERNATIONAL LADIES' GARMENT WORKERS' UNION, PETI- TIONER Case No. 1O-RC-156.-Decided • August • 07, 1948. DECISION AND ORDER Upon a petition duly filed, a hearing was held on May 28,1948, before a hearing officer of the National Labor Relations Board. As provided in Section 202.20 of National Labor Relations Board Rules and Regu- lations-Series 5, the Petitioner was served with notice of hearing, but did not appear. For this reason, among others, the Employer moved to dismiss the petition. The hearing officer referred the Employer's motion to the Board.2 We view the Petitione-'s conduct in absenting itself from the hearing and its failure, subsequently, to inform the Board of a valid reason therefor, as a disclaimer of interest in the representation of the em- ployees of the Employer. We therefore find that no question affecting commerce exists concerning the representation of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.3 Accordingly, we shall grant the Employer's motion to dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition for investigation and.certifica- -tion of representatives of employees of the Employer, filed herein, be, and it hereby is, dismissed. MEMBER REYNOLDS took no part in the consideration of the above Decision and Order. 1 As amended at the hearing. 3 Pursuant to the provision of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of Chairman Herzog and Board Members Reynolds and Murdock. Matter of Denver Smoked Fish Co., 78 N L. R. B. 631. [See infra; 79-N.-L. R. B. 1269; for Supplemental Decision and. Direction of Election.] 79 N. L. R. B., No. 28. 206