American Tube Works, Inc.

In the Matter of AMERICAN TUBE WORKS, INC., EMPLOYER and LOCAL No. 504, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, PETITIONER Case No. 1-RC-848.-Decided April 4,1949 DECISION AND ORDER Upon a petition duly filed, a hearing in the above case 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 is a labor organization claiming to represent certain employees of the Employer. 3. No question of representation exists concerning the representa- tion of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act for the following reasons: The Petitioner seeks a unit of "all employees of the Company at its Cambridge plant, excluding office and clerical [employees], guards, watchmen, professional and supervisory employees as defined in the Act." The record discloses that, with the exclusions specified in the petition, only one employee is employed at the present time in the ' The Employer objected at the hearing to the introduction into evidence of the instant petition on the ground that it did not show or allege compliance with Section 9 (f), (g), and (h ) of the Act. The hearing officer overruled the objection and the Employer has renewed the objection in his brief. We have previously held that the question of whether a labor organization is in compliance with Section 9 (f), (g), and (h) of the Act, as amended, is an administrative matter to be determined by the Board and is not litigable by the parties. Matter of Lion Oil Company, 76 N. L. R. B. 565. *Chairman Herzog and Members Houston and Murdock. 82 N. L. R. B., No. 80. 718 AMERICAN TUBE WORKS, INC. 719 unit sought by the Petitioner. In accordance with previous Board policy we find that such a unit is inappropriate.2 We shall, there- fore, dismiss the petition. ORDER The National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of American Tube Works, Inc., Cambridge, Massachusetts, filed by Inter- national Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, AFL, Local No. 504, be, and it hereby is, dismissed. 2 Matter of G d D Radiator ,Service, 80 N. L. R. B. 1308.