Armour and Co.

National Labor Relations Board - Board Decisions

Nov 20, 1939

17 N.L.R.B. 933 (N.L.R.B. 1939)

In the Matter of ARMOUR AND COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, LOCAL #49-A, C. I. O.
Case No. R-1426
SUPPLEMENTAL DECISION
AND
ORDER
November 20, 1939
On September 14, 1939, the National Labor Relations Board,
herein called the Board, issued a Decision and Direction of Elections
in the above-entitled proceedings.' The Direction of Elections pro-
vided that an election by secret ballot be conducted within fifteen (15)
days from the date of the Direction of Election among all clerical
employees of Armour & Company at its branch house located at 19 7
Fort Greene Place, Brooklyn, New York, including bookkeepers,
cagemen, switchboard operators, and general office help who were
employed by Armour & Company during the pay-roll period imme-
diately preceding the date of the Direction of Elections, including
employees who, as of such period, had been laid off less than 60
working days, employees who did not work during such pay-roll
period because they were ill or on vacation, but excluding the mana-
ger, assistant manager, office manager, inside salesmen, outside sales-
men, and peddler salesmen and any such employees who have since
quit or been discharged for cause, to determine whether or not they
desired to be represented by United Packinghouse Workers of
America, Local #49-A, chartered by Packinghouse Workers Organ-
izing Committee, affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining.
Pursuant to the Direction of Elections, an election by secret ballot
was conducted on September 28, 1939, under the direction and super-
vision of the Regional Director for the Second Region (New York
1 15 N. L. it. B. 268 . The instant case had been consolidated with Cases Nos. R-1423,
R-1424, and R-1425 for purposes of hearing . A Supplemental Decision , Second Direction
of Election , and Certification of Representatives with respect to those proceedings was
separately issued on October 27, 1939, and is reported in 16 N . L. it. B. 574.
17 N. L. R. B., No. 83.
933
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
City). Full opportunity was afforded all parties to the investigation
to participate in the conduct of the secret ballot and to make chal-
lenges. On October 5, 1939, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, issued and duly served upon the parties
an Election Report on the ballot. In her report the Regional Direc-
tor certified that the election was fairly and impartially conducted
and that the ballots cast were duly and fairly counted under the
supervision of her agents and that there had been filed with her
by the observers statements to that effect. On October 16, 1939,
Packinghouse Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations filed Objections to the Election
Report, and, on November 4, 1939, it requested withdrawal of said
Objections. No other Objections to the Election Report or the con-
duct of the ballot have been filed.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 11
Total number of ballots cast_______________________________ 11
Total number of ballots counted --------------------- ------ 11
Total number of ballots cast for United Packinghouse Workers
of America, Local #49-A, chartered by Packinghouse Work-
ers Organizing Committee, affiliated with the Congress of
Industrial Organizations__________________________________ 3
Total number of ballots cast against United Packinghouse
Workers of America, Local #49-A, chartered by Packing-
house Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations______________________ 8
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged ballots__________________________ 2
As appears in the above report on the results of the secret ballot,
the Regional Director did not include the two employees signing the
challenged ballots among those eligible to vote, nor were their ballots
considered in computing the number of ballots validly cast. As
stated in the Election Report, said challenged ballots could not affect
the results of the election.
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees. The
petition for investigation and certification of representatives of em-
ployees of Armour & Company at its branch house located at 197
Fort Greene Place, Brooklyn, New York, will therefore be dismissed.
ARMOUR AND COMPANY
ORDER
935.
By virtue of Section 9 (c) of the National Labor Relations Act,.
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National'
Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Armour & Company at its,
branch house located at 197 Fort Greene Place, Brooklyn, New York,.
filed by United Packinghouse Workers of America, Local #49-A,.
C. I. 0., be, and it hereby is, dismissed.
247384-40-vol. 17-0O