American Packing Corp.

In the Matter of AMERICAN PACKING CORPORATION, EMPLOYER and UNITED PACKINGHOUSE WORKERS OF AMERICA, CIO, PETITIONER Case No. 2-R-7759.Decided February 9, 1948 Mr. Henry Herzfeld, of Jersey City, N. J., for the Employer. Mr. William Rix, of New York City, for the Petitioner. Ashe d Rifkin by Mr. David I. Ash,e, of New York City, for the Intervenor. DECISION AND ORDER Upon a petition duly filed, the National Labor Relations Board, on June 13, 1947, conducted a prehearing election among employees of the Employer in the alleged appropriate unit to determine whether they desired to be represented by the Petitioner or by Local 5, Amalgamated Meat Cutters & Butcher Workmen of North America, AFL, herein called the Intervenor, for the purposes of collective bargaining, or by neither. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 227 eligible voters. Of the 183 votes cast, 29 were for the Petitioner, 152 for the Intervenor, 2 were against representation by either labor organization, and 2 were challenged. Thereafter, the Petitioner having filed objections to the conduct of the election, a hearing was held at New York City, on August 19, 1947, before Vincent M. Rotolo, hearing officer. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-man panel, consisting of the undersigned Board Members.* The Petitioner has failed to comply with Section 9 (f), (g), and (h) of the Act, as amended. We shall terminate the investigation in this case without considering the merits of Petitioner's objections to the election. We will, therefore, dismiss the petition herein without preju- dice to the right of the Intervenor to file a petition in its own behalf .Chairman Herzog and Members Reynolds and Murdock. I See Matter of Harwicke-Etter Company, 75 N. L R B 992. 76 N. L. R.B., NO. 3. 35 781902-48-vol. 76-4 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER The National Labor Relations Board hereby orders that the petition for investigation and certification of representatives filed by the Peti- tioner herein be, and it hereby is, dismissed.