Truth Tool Co.

642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD assertion of jurisdiction over a chain of retail stores or service estab- lishments, that the entire chain have a gross annual sales volume of at least $10,000,000 or that the individual store or establishment com- prising integral parts of the chain have an annual direct inflow of $1,000,000, or an annual indirect inflow of at least $2,000,000, or an annual direct outflow of at least $100,000. In the present instance, the record discloses that the entire chain of the Employer's operations does not have a gross annual sales vol- ume of $10,000,000. Moreover, assuming arguendo that the six New York shops constitute an "individual establishment" and that the shipments from the Brooklyn warehouse to out-of-State points may be regarded as direct outflow from the New York shops, it is undis- puted that the claimed outflow from the New York warehouse falls below the $100,000 requirement of direct outflow for an "individual establishment." 4 Accordingly, we find that it will not effectuate the policies of the Act to assert jurisdiction in the present proceeding.' We shall therefore dismiss the petition. [The Board dismissed the petition.] 4 Although the Employer's representative testified that there was a possibility that the shipments by the New York warehouse might exceed $100,000 in 1954, he also doubted whether this would be the case. As such possibility is entirely speculative, it cannot be considered for jurisdictional purposes. 5 See Claffey's Beauty Shoppes, 110 NLRB 620; Felsway Shoe Corporation, at at., 110 NLRB 1914. TRUTH TOOL COMPANY and JOE F. BATSON, ET AL., PETITIONER and LOCAL 142, INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL. Case No. 18-UD-4. February 8, 1955 Decision and Certification of Results of Election On November 17, 1954, a petition was filed by Joe F. Batson and Louis M. Jenson pursuant to Section 9 (e) (1) of the National Labor Relations Act, seeking to withdraw the union-shop authority of Local 142, International Molders & Foundry Workers Union of North Amer- ica, AFL, herein called the Union. On December 10, 1954, the Union moved to dismiss the petition; which motion the Regional Director denied. On December 16, 1954, the Regional Director for the Eight- eenth Region conducted an election among the production and main- tenance employees of the Employer at its plant located in Mankato, Minnesota. Upon the conclusion of the election, a tally of ballots was furnished the parties in accordance with the Rules and Regulations of the Board. 111 NLRB No. 93. TRUTH TOOL COMPANY 643 The tally shows the following results : Number of eligible voters ----------------------------------------- 25 Void ballots----------------------------------------------------- 0 Votes cast in favor of withdrawing the authority of the bargaining repre- sentative to require, under its agreement with the Employer, that mem- bership in such Union be a condition of employment---------------- 24 Votes cast against the above proposition----------------------------- 0 Valid ballots counted--------------------------------------------- 24 Challenged ballots------------------------------------------------ 0 Thereafter, the Union filed timely objections to the election. On January 7, 1955, the Regional Director issued his report on objections, recommending that the objections be overruled and that the Board certify the results of the election. The Union filed timely exceptions to the Regional Director's report. The Union reiterates its original objections to the election. It con- tends : (1) The election should be set aside and the deauthorization petition should be dismissed because its contract with the Employer, executed on July 1, 1954, barred the proceeding; and (2) the Regional Director erred in not holding an investigation and hearing in regard to the Petitioner's motive in filing the petition and Employer's con- nection with the deauthorization petition. In conformity with the recommendations of the Regional Director, we find no merit in the first contention of the Union. The Board has long held that normal contract-bar principles established by the Board are inapplicable in deauthorization proceedings.' As to the second ob- jection, the Regional Director is only required to direct a hearing in this type of proceeding, "when it appears to the Regional Director that the proceeding raises questions which should be decided by the Board before election." 2 We find no question which should have been decided by the Board was raised by the Union's motion to dismiss, as the motive of the Petitioners in filing the petition is irrelevant, and there is no evidence that the Employer was responsible for the petition being filed.' Accordingly, we hereby overrule the exceptions of the Union. As a majority of the employees eligibile to vote have voted in favor of the proposition, we shall certify the results of the election. [The Board certified that a majority of employees eligible to vote have voted to withdraw the authority of Local 142, International Mold- ers & Foundry Workers Union of North America, AFL, to require under its agreement with the Employer that membership in such labor organization be a condition of employment.] I The Great Atlantic h Pacific Tea Company, 100 NLRB 1494 , at 1495; Member Mur- dock, although dissenting in The Great Atlantic f Pacific Tea Company case , now deems himself bound by the decision of the Board in that case and later cases in which the prin- ciple was reaffirmed . F. W. Woolworth Company, 107 NLRB 671 ; Accurate Molding Corporation, 107 NLRB 1087; Hydraulics Unlimited Manufacturing Co., 107 NLRB 1646. 2 Section 102 67, National Labor Relations Board, Rules and Regulations, Series 6. See also Accurate Molding Corporation, supra, at footnote 4. 3 See Hydraulics Unlimited Manufacturing Co, supra. 344056-55-vol. 111-42