Myrtle Desk Co.

National Labor Relations Board - Board Decisions

Nov 17, 1947

75 N.L.R.B. 226 (N.L.R.B. 1947)

In the Matter Of MYRTLE DESK COMPANY, EMPLOYER and UNITED
FURNITURE WORKERS OF AMERICA, CIO, PETITIONER
Case No. 51,V-R-84.Decided November 17,1947
DECISION
AND
ORDER
Following the filing of a petition on April 22, 1947, alleging that a
question affecting commerce had arisen concerning the representation
of employees of the Employer, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, the parties entered into a "Stipulation
for Certification Upon Consent Election." In accordance with the
stipulation and the Rules and Regulations of the Board, a run-off
election was conducted on August 21, 1947, before the effective date
of the amendments to the statute. It appears from the Tally of
Ballots that the Petitioner received a majority of the valid votes cast.
No objections to the run-off election have been filed by any of the
parties within the time provided therefor.
On August 22, 1947, amendments to the National Labor Relations
Act became effective.' Sections 9 (f) and (h) of the Act, as amended,
preclude the Board from investigating any question concerning repre-
sentation raised by a labor organization unless that labor organization
has fulfilled certain registration and filing requirements and has fur-
nished to its members copies of financial reports required to be filed.
The Petitioner has not complied with the requirements of these sub-
sections. On October 29, 1947, however, it filed with the Board a
motion for oral argument on the question of the issuance of a certifi-
cation by the Board despite such non-compliance.
We have already ruled that, absent compliance, the provisions of
Sections 9 (f) and (h) preclude the Board from continuing investi-
gations which were pending before the Board when the amendments
took effect.2 But the Petitioner here contends that certification by the
1 Labor Management Relations Act, 1947, Public Law 101, Eightieth Congress, Pest
Session
2 Matter of Rite-Pores Cot set Company, 75 N L It B 174, i^sue0 November 4, 1947
^5N.L R. B, No 29
226
MYRTLE DESK COMPANY 227
Board is merely the performance of a ministerial act, requiring no
exercise of judgment or discretion, and is not a part of the investi-
gative procedure.
We find this contention to be without merit. We regard the certifi-
cation as a step, albeit the final step, in investigations conducted pur-
suant to Section 9 (c).3 Despite some ambiguity, moreover, we believe
that Subsections 9 (f), (g) and (h), taken as a whole, reflect an inten-
tion on the part of Congress completely to debar non-complying unions
from access to the Board's processes in representation cases.'
We further reject the Petitioner's contention that a failure to issue
the requested certification would violate the Fifth Amendment of the
Constitution of the United States.' The motion for oral argument is
denied.
Inasmuch as the labor organization receiving a majority of the votes
cast in the election is ineligible for certification, we shall order the in-
vestigation closed.
ORDER
IT IS HEREBY ORDERED that the investigation of the question concern-
ing the representation of employees of the Employer initiated upon
petition of United Furniture Workers of America, CIO, be, and the
same hereby is, closed.
-8 See N. L R . B. v. International Brotherhood of Electrical Workers, 308 U S 413, 415;
Inland Empire District Council, Lumber d Sawmill Workers Union, et at. v. Millis, et al,
325 U S . 697, 707.
4 Compare the provisions of Section 9 (f) with those of Section 9 (g), which provides
that no labor organization "shall be eligible for certification as the representative of any
employees" unless it can show that it has kept annually up to date , and furnished annually
to its members, the data required respectively to be filed and furnished under Section
9 (f)
5 See Matter of Rite-Form Corset Company, supra