Churchward & Co., Inc.

In the Matter of CIIURCHWARD & COMPANY, INCORPORATED, EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS , IRON SHIP BUILDERS, AND HELPERS OF AMERICA, AFL, PETITIONER Case No. 1-RC-1219.Decided November 30, 1949 DECISION AND ORDER Upon a petition duly filed, a hearing was held before Robert S. Fuchs, hearing officer. 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 labor organization involved claims to represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of 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 Employer herein is undergoing reorganization under Chapter 11 of the Federal Bankruptcy Act. By order of the court, the Em- ployer has continued in possession of the property in the status of a debtor in possession, pursuant to the provisions of the Bankruptcy Act. Successive employment cutbacks have reduced the number of employees at the Employer's West Haven, Connecticut, plant from approximately 250 during May 1949 to approximately 16 on October 13, 1949, the date of the hearing. These cutbacks were the direct result of the Employer's present financial difficulties, and none of the 16 remaining employees are in categories sought in the requested production and maintenance unit. An acting general manager appointed by the Referee in Bank- ruptcy is presently in charge°of the Employer's plant. Plans for the 87 NLRB No. 50. 307 877359-50-vol. 87--21 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD future operation of the plant, including the extent of its operations, the types of products to be manufactured, and the possible reemploy- ment of former employees, have not yet been determined. Under all the circumstances, we believe that no useful purpose would be served by directing an election in the instant proceeding. Accordingly, we shall dismiss the petition, without prejudice 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 without prejudice. 'Whiteford Plastics Co ., Inc., 77 NLRB 698.