H.G. Hill Stores, Inc.

In the Matter of H. G. HILL STORES, INC., and WAREHOUSE AND Dis- TRIBUTION WORKERS UNION, LOCAL 207, INTERNATIONAL LONGSHORE- MEN'S AND WAREHOUSEMEN'S UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. C-2467.-Decided July 24, 1943 ORDER DENYING MOTION TO TAKE ADDITIONAL EVIDENCE On April 28 , 1943, the Board issued a Decision and Order in the above-entitled proceeding.' On May 19, 1943, H. G. Hill Stores, Inc., herein called the respondent, lodged with the Board a motion, in the nature of an application for a reopening of the record , to cause addi- tional evidence to be taken to determine whether Warehouse and Distribution Workers Union, Local 207, International Longshore- men's and Warehousemen 's Union, affiliated with the Congress of Industrial Organizations, herein called the Union , "now is the lawful representative of the employees of Mover herein in the appropriate unit." The Board hereby directs that said motion be filed instanter as part of the record herein. The motion makes no showing of good cause for reopening the rec- ord, as required by National Labor Relations Board Rules and Regu- lations-Series 2, as amended. The Board in its aforesaid Decision and Order found that the Union represents a majority of the respond- ent's employees in an appropriate bargaining unit. The respondent does not by its motion assert that there were reasonable grounds for its failure to adduce evidence showing contrary facts in the hearing already had before the Board. Nor does the respondent assert by its motion that the Union no longer represents a majority of the respond- ent's employees in such appropriate unit, but the respondent , because of a shift in the composition of its personnel, seeks merely to ascertain whether or not the Union still represents a majority . Nothing is sub- mitted in support of the motion other than verifications by the presi- dent and vice president of the respondent that there has been a turn-over in personnel between the date of an election conducted by the Board and the date of the motion. There is no representation of 149 N. L. R. B. 184. 51 N. L. R. B., No. 118. 709 710 DECISIONS OF NATIONAL LABOR RECLATION'S BOARD the existence of any facts contrary to the facts already found by the Board, nor any showing as to defections from the Union or loss of the Union's majority, let alone a showing as to why, if such facts exist, they were not submitted at the hearing . Even had a loss of majority in fact occurred , the Board is of the opinion , and so finds, that under the circumstances of this case the policies of the Act will be best effectuated by the Order already entered requiring that the respondent, upon request, bargain collectively with the Union as the exclusive representative of all its employees in the appropriate unit set forth in the aforesaid Decision and Order. IT IS HEREBY ORDERED that the motion of H. G . Hill Stores, Inc., the respondent herein, to reopen the record to cause additional evidence to be taken, be, and the same hereby is , denied. CHAIRMAN MILLIS took no part in the consideration of the above Order Denying Motion To Take Additional Evidence.