Gulf States Optical Laboratories

In the Matter of ADOLPH C. HuBER, D/B/A GULF STATES OPTICAL LABORATORIES,l EMPLOYER and OPTICAL AND INSTRUMENT WORKERS ORGANIZING COMMITTEE, CIO, PETITIONER Case No. 15-RC-95.-Decided February 9, 1949 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-man panel consisting of the undersigned Board Members.* 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. The Petitioner herein is the same petitioner involved in Matter of American Optical Company.2 Because the Congress of Industrial Or- ganizations is not in compliance with Section 9 (f), (g), and (h) of the Act, and in accordance with the principle announced in the American Optical case, we find that the Board lacks the power to investigate the question concerning representation raised herein by the Petitioner.3 Accordingly, we shall dismiss the petition. ORDER IT Is HEREBY ORDERED that the petition for the investigation of rep- resentatives of employees of Adolph C. Huber, d/b/a Gulf States Optical Laboratories, New Orleans, Louisiana, filed by Optical and Instrument Workers Organizing Committee, CIO, be, and it hereby is, dismissed. 1 The Board, on its own motion, hereby amends the caption in order to reflect a more accurate description of the Employer. * Houston, Reynolds, and Murdock. 2 81 N. L. R. B. 453. 8 Although Member Houston dissented in the American Optical case, he considers him- self bound by the decision of the majority in that case. 81 N. L. R. B., No. 94. 510