Perry Truck Lines, Inc.

In the Matter Of PERRY TRUCK LINES, INC. and MOTOR FREIGHT CARRIERS EMPLOYEES ASSOCIATION Case 1Vo. R-1881 SUPPLEMENTAL DECISION AND AMENDMENT TO DIRECTION OF ELECTION '' August 8, 1940 On July 16, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding' directing that an election by s'cret'ballot be conducted within thirty (30) days to determine whether certain employees of Perry Truck Lines, Inc , Denver, Colorado, herein called the Company, desire to be represented by Motor Freight Carriers Employees Association or by International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, Denver Local Union No. 13, herein called the Brotherhood, for the purposes of collective bargaining, or by neither. On July 24, 1940, the Brotherhood filed with the Board a motion to vacate the Decision and Direction of Election. The motion yet forth, in substance, that on July 5, 1940, the Company filed in' the District Court of the United States for the District of Colorado if civ=il action seeking it restraining order and an injunction against the Brotherhood; that on July 9 the Court entered a restraining'order against the Brotherhood; and that during the pendency of said civil action it fair election cannot be conducted. The Regional Director for the Twenty-second Region (Denver, Colorado) has also advised the Board that a fair election cannot be held during the pendency of the above-mentioned proceeding and recommended that the election he postponed until such time as the Board is advised that the circum- stances permit a free choice of representatives. • I ' , r , l . The Board, having considered the matter, hereby denies the motion of the Brotherhood to vacate the Decision and Direction of-Election herein. The Board hereby amends its Direction of Election by strik-' ing therefrom the words "as early as possible, but not, later,.,thaii, thirty (30) days from the date of this Direction of Election'? and' substituting therefor the words "at such time as the' Board shall, in, the future direct." MR EDWIN S. SMITH took no part in the consideration of the above Supplemental Decision and amendment to Direction of Election 1 25 N I. R B 487 26 N. L. R. B., No. 39. 423