O'Connor Motor, Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1952

101 N.L.R.B. 354 (N.L.R.B. 1952)

354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
O'CONNOR MOTOR, INC. and AUTO MECHANICS LOCAL 1363, INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFL, AND LOCAL No. 964,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WARE-
HOUSEMEN AND HELPERS OF AMERICA, AFL. Case No. 8-RM-71.
November 18,1952
Supplemental Decision and Order
On September 16, 1952, the Board issued a Decision and Direction
of Election in the above-entitled proceeding.' On September 22, 1952,
counsel for the Unions filed a motion to dismiss the petition. The
Board has considered this motion and makes the following supple-
mental findings and decision.
On June 11, 1952, the Unions requested the Employer to sign a con-
tract with those two organizations as representatives of its employees.
The Board, on the testimony adduced at the hearing on this case,
construed the request of the Unions to be for recognition as joint
representatives of the Employer's shop employees in a single unit.
The Unions, in the motion now before the Board, deny "representing
or claiming to represent any of the employees in the unit set forth
in the Decision and Direction of Election, either individually or
jointly." By virtue of this disclaimer, the Unions have abandoned
their claim to represent the shop employees of the Employer and have
relieved the Employer of any obligation to recognize them as repre-
sentative of those employees. Accordingly, in view of this disclaimer
we find that a question affecting commerce no longer exists concerning
the representation of the Employer's shop employees within the
meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act .2
We shall therefore set aside the Direction of Election issued September
16, and shall dismiss the petition herein.
Order
IT IS HEREBY ORDERED that the Direction of Election in the above-
entitled proceeding, issued by the Board on September 16, 1952, be,
and it hereby is, vacated and set aside.
IT IS FURTHER ORDERED that the petition in the above-entitled pro-
ceeding be, and it hereby is, dismissed.
CHAIRMAN HERZOG and MEMBER PETERSON took no part in the con-
sideration of the above Supplemental Decision and Order.
1 100 NLRB 1146.
s See Hubach and Parkinson Motors, et at., 88 NLRB 1202, and cases cited therein.
101 NLRB No. 67.