Veeder-Root Inc.

In the Matter Of VEEDER-ROOT INCORPORATED , EMPLOYER and ROBERT H. HICKEY, EMPLOYEE, PETITIONER and INTERNATIONAL ASSOCIA- TION OF MACHINISTS, CAPITOL CITY LODGE No. 354, DISTRICT 26, UNION Case No. 1-RD-28 SUPPLEMENTAL DECISION AND ORDER January 26, 1949 On November 29, 1948, the Board issued its Decision and Direction of Election 1 in this proceeding, directing a decertification election among the employees in the unit found appropriate. The Union, the only labor organization involved in this proceeding, had been certified by the Board in December 1945 as the bargaining representative of employees of the Employer following a consent election. On De- cember 13, 1948, the Union advised the Board that it no longer claimed to represent the employees in the unit in question.2 The Union's disavowal of any claim to represent the employees eliminates the question concerning representation which the Board found to exist in its Decision and Direction of Election. Under the present state of facts, no claim for recognition is being advanced by any individual or labor organization. There can be no "question" concerning representation when the Union concedes the very thing that the Petitioner seeks to establish.' We regard the Union's withdrawal as a disclaimer of its status as exclusive bargaining representative of the employees in the unit, and a relinquishment of any surviving rights as such representative under the 1945 certification. We find that whatever vitality the certificate '80 N. L. R. B. 851 2 The Union 's letter to the Regional Director reads in part as follows : "We have recently made a very careful check of these employees and find that a large number have changed the position that they had in reference to organization at the time of the Board hearing. Since we no longer represent a majority of the employees involved, we withdraw any claim we may have had in the past to represent these employees." ' Matter of Federal Shipbuilding and Drydoek Company, 77 N. L. R. B. 463. 81 N. L. R. B., No. 56. 328 VEEDER-ROOT INCORPORATED 329 might otherwise still have to establish the Union's representative status is necessarily cancelled by the Union's own disclaimer. Accordingly, we find that no question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. We shall, therefore, set aside the Direction of Election and dismiss the petition. ORDER IT IS HEREBY ORDERED that the Direction of Election issued herein on November 29, 1948, be, and it hereby is, set aside, and that the pe- tition for decertification of representatives of employees of Veeder- Root Incorporated, Hartford, Connecticut, filed herein by Robert H. Hickey, be, and it hereby is, dismissed. MEMBERS REYNOLDS and GRAY took no part in the consideration of the above Supplemental Decision and Order.