Mastick , Inc.

In the Matter of MASTICK, INC., EMPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCR_1FT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER Case No. 7-RC-168.-Decided April 8,1949 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.* 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 em- ployees of the Employer. 3. No question affecting commerce exists concerning the represen- tation of employees of the Employer, within the meaning of Section t (c) (1) and Section 2 (6) and (7) of the Act for the following reasons: The record discloses that the Employer has suspended operations and has leased its plant and the major portion of its machinery to an independent company. Whether it will ever resume operations is uncertain. Under these circumstances, no useful purpose would be served by proceeding with a determination of representatives at this time. We shall, therefore dismiss the present petition without prej- udice to the filing of a new petition if operations are resumed., ORDER IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. *Chairman Herzog and Members Reynolds and Gray. IMatter of Whiteford Plastics Co., Inc., 77 N. L. R. B. 698; Matter of International Harvester Company, 73 N. L. R. B. 436. 82 N. L. R. B., No. 109. 927