Crane Co.

In the Matter of CRANE COMPANY, EMPLOYER and HERSCHEL D. SMITH, PETITIONER and OFFICE EMPLOYEES INTERNATIONAL UNION, LOCAL No. 18, A. F. L., UNION Case No. 10-RD-32.-Decided February 2, 194.9 DECISION AND ORDER Upon a petition for decertification duly filed, a hearing was held before a hearing officer of the National Labor Rel tions 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 Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner asserts that the Union is no longer the bargain- ing representative of the employees of the Employer as defined in Section 9 (a) of the Act. 3. Following a consent election held an June 4, 1946, the Regional Director for the Tenth Region certified that the Union had been designated as the bargaining representative of all general office and clerical employees in the main and shop offices of the Employer at Birmingham, Alabama, but excluding all draftsmen, salesmen, pri- vate secretaries, assistant cashiers, general accountant No. 1, guards, professional employees, and all supervisors as defined in the Act. Thereafter, the Union and the Employer executed a collective bar- gaining agreement which expired on July 26, 1948. At the hearing on December 8, 1948, the Union expressly conceded that it "does not claim to represent any further a majority of the employees defined in the unit in the contract" and that an election was unnecessary. We find that the Union has withdrawn any claim *Houston , Reynolds, and Murdock. 81 N. L. R. B., No. 81. 460 CRANE COMPANY 461 to represent a majority of the employees which may have arisen from its prior contract.' 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, and we shall, therefore, dismiss the petition. ORDER Upon the basis of the above findings of fact and the entire record in the case, the National Labor Relations Board hereby orders that the petition for decertification of representatives be, and it hereby is, dismissed. 1 Matter of Murray B. Marsh Company, Inc , 79 N. L R B 76 ; Matter of A. Goodman cE Son, 77 N. L. R. B. 297; Matter of Riggs Optical Company, Consolidated , 77 N L R. B 265.