Henry Hennessey

National Labor Relations Board - Board Decisions

Feb 3, 1949

81 N.L.R.B. 465 (N.L.R.B. 1949)

In the Matter of HENRY HENNESSEY, EMPLOYER and OPTICAL AND
INSTRUMENT WORKERS ORGANIZING COMMITTEE , CIO, PETITIONER
Case No. 15-RC-96.-Decided February 3,1919
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-elan panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board makes the following :
FINDINGS OF FACT
The Petitioner, which unlike its parent federation, the Congress
of Industrial Organizations, has complied with Section 9 (f),
(g), and (h) of the Act, is the same labor organization whose petition
was dismissed in the American Optical Company 1 case. For the
reasons given in that decision, the Petitioner may not invoke the juris-
diction of the Board until the Congress of Industrial Organizations
itself has complied with the filing requirements of the Act. Accord-
ingly, we shall dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Henry Hennessey, New
Orleans, Louisiana, filed herein by Optical and Instrument Workers
Organizing Committee, CIO, be, and it hereby is, dismissed.
*Houston, Reynplds , and Burdock
1 81 N. L It. B. 453 Member Houston , having recorded a dissent in that case, now
.onsiders himself bound by the majority disposition made therein on this issue.
81 N. L. R. B., No. 83.
465