United States Gypsum Co.

In the Matter Of UNITED STATES G YPSUM COMPANY, EMPLOYER and INTERNATIONAL CHEMICAL WORKERS UNION, A. F. L., PETITIONER Case No. 7-RC-1157.-Decided June 17, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Francis E. Burger, 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-member panel [Chairman Herzog and Members Reynolds and Gray]. 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 alleged question concerning representation : The Employer contends that the petition should be dismissed on the ground that the Petitioner itself in compliance lacks the capacity to bargain collectively with the Employer, and is acting for a local union which has not complied with the filing requirements of Section 9 (f), (g), and (h) of the Act. Article XV, Section 25 of the Petitioner's constitution provides : "All contracts covering wages and working conditions shall be between the Local Union and the Employer." At the hearing, an organizer for the Petitioner testified that a local union has been organized at the Employer's plant and officers have been elected. Neither a local number nor a charter has been issued to the new local. The organizer further testified, however, that if the Petitioner is certified as a result of this proceeding, the local will be given a charter. In view of the Petitioner's constitutional limitations set forth above, it is apparent that the Petitioner is now acting in the local's interest as well as in its 84 N. L. R. B., No. 40. 339 340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD own. As the local has not satisfied the filing requirements of the statute, we shall dismiss the petition.' ORDER IT•is HEREBY ORDERED that the petition filed herein be, and it hereby is; dismissed; ' Matter of Empire Furniture Manufacturing Co., 82 N. L. R. B. 427; Matter of United States Gypsum Company, 77 N. L. R. B. 1098.