H.G. Hill Stores, Inc.

National Labor Relations Board - Board Decisions

Jul 24, 1943

51 N.L.R.B. 709 (N.L.R.B. 1943)

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motion that the Union no longer represents a majority of the respond-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.