Wagner Iron Works

752 DECISIONS OB NATIONAL LABOR RELATIONS BOARD the Board, in such circumstances, finds to be appropriate for purposes of collective, bargaining. In that "case, the Regional Director con- ducting`the election is instructed to issue a certification of'representa- tives to the labor organization selected by ainajority of the-employees in voting group (2), which the Board in such circumstances,' ands to be a unit appropriate for the purposes of collective bargaining. How- ever, if a majority of the employees in voting group (1) do not vote for the Operating` Engineers, they^will be included in the warehouse and maintenance unit and their votes shall be pooled with those vot- ing in group (2),5 and the- Regional Director conducting-the elec- tion is instructed to issue a certification of representatives-to the labor organization selected by a 'majority of the employees in the pooled group, which the Board, in such circumstances, finds to be a, single unit appropriate for purposes of collective bargaining. [Text of Direction of Elections omitted from publication.] CHAIRMAN FARmmlt, took 'no part in the, consideration of.th above Decision and Direction of Elections. 15 If the votes are pooled, they are to be tallied in the following manner: The votes for the Operating Engineers shall be counted as valid votes, but neither for nor against any union seeking to -represent the more comprehensive unit ; all other votes are to be ac- corded their face value, whether for representation by a union seeking the comprehensive group or for no union. Wagner Iron Works and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, U.A.W.-C.I.0., Petitioner. Case No. I3-RC-20201. August 16, 1955 DECISION AND ORDER The petition herein was filed on May 31, 1951, and a hearing on the petition was held on June 25, 1' 951.' However, unwaived unfair labor practice charges filed by the Employer against the Petitioner in Case No. 13-CB-148 have precluded the issuance of any decision here. In view of the fact that more than 4 years have elapsed since the petition was filed' and the hearing was held, and _the fact that some of the issues such as contract bar and expanding unit are now stale, we are of the opinion that no useful purpose would be served by proceeding on this petition. Accordingly, we shall dismiss the peti- tion, but without prejudice to the filing of a new petition.' [The Board dismissed the petition without prejudice to filing of new petition.] i Cf. The May Department Stores G,ompany, d/b/a Famous Barr Company, 77 NLRB 349. '113 NLRB No. 81.