Bonita Ribbon Mills

In the Matter of BONITA RIBBON MILLS AND BREWTON WEAVING COM- PANY, EMPLOYER and TINY MAE SHOEMAKER, PETITIONER and' TEXTILE WORKERS UNION OF AMERICA, C. I. 0., UNION Case No. 15-RD-3 SECOND SUPPLEMENTAL DECISION AND ORDER January 20, 1950 On December 16, 1949, the Board issued a Supplemental Decision,, Order, and Second Direction of Election 1 in the above-captioned pro- ceeding, in which it set aside a decertification election held on Novem- ber 19, 1948, among certain employees of Bonita Ribbon Mills (herein called Bonita), and directed that a second decertification election be held among such employees. Under date of December 28, 1949, the Union filed a disclaimer of representation with respect to the employees, of Bonita. On December 29, 1949, the Board issued a Notice to Show Cause why the petition herein should not be dismissed, on the basis. of said disclaimer. Under date of January 3, 1950, the Petitioner- filed a memorandum objecting to the dismissal of the petition, and requesting that the second decertification election be held as directed. 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. Houston and Murdock]. The Petitioner objects to the dismissal of the petition, on the ground. of an alleged right to have the question of the representation of the employees by the Union determined at an election. The Board has, repeatedly held, however, that no question concerning representation exists, and no decertification election may .be held, when the union sought to be decertified has, as here, disclaimed interest in represent- ing the employees involved.2 Accordingly, we find that no question 1 87 NLRB 1115. 2 See, for example, Griffin Hosiery Mills, Inc., d/b/a Dove Down Hosiery Mills, 83 NLRB 1240 ; Terrytoons, Inc., 77 NLRB 471: Federal Shipbuilding and Drydock Company, 77 NLRB 403. Cf. Art Neon Company, 84 NLRB 112. 88 NLRB No. 58. 241 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD affecting commerce exists concerning the representation of employees of Bonita in the unit heretofore found appropriate; 8 we shall, there- fore, dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition in Case No. 15-RD-3, insofar as it relates to employees of Bonita Ribbon Mills, Brewton, Alabama, be, and it hereby is, dismissed. 8 See Bonita Ribbon Mills and Brewton Weaving Company , 79 NLRB 1462.