The Empire Furniture Manufacturing Co.

In the Matter of THE EMPIRE FURNITURE MANUFACTURING Co., EM- PLOYER and UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMER- ICA, A. F. L.,.PETITIONER Case No.1-RC-855.-Decided March 28, 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.* 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's general organizer testified at the hearing that a local of the Petitioner had boten formed, that it had applied for a charter, but that no local number had been assigned at the time of the hearing. The witness further testified that the local had elected of- ficers, and that it had a bank account. This local is not in compliance with the filing requirements of Section 9 (f), (g), and (h) of the amended Act. We shall therefore dismiss the petition." ORDER Upon the basis of the entire record in this case, the National Labor Relations Board hereby orders that the petition filed in the instant matter be, and it hereby is, dismissed. *Chairman Herzog and Members Houston and Murdock. 1 Matter of Lane-Wells Company, 79 N. L. R. B. 252 ; Matter of The Prudential Insurance Company of America, 81 N. L. R. B. 295. 82 N. L. R. B., No. 44. 427