Century Biscuit Company

National Labor Relations Board - Board Decisions

Jan 3, 1939

10 N.L.R.B. 942 (N.L.R.B. 1939)

In the Matter Of CENTURY BISCUIT COMPANY and UNITED BAKING
WORKERS L. I. U., No. 86
Case No. R-1092
SUPPLEMENTAL DECISION
AND
ORDER
January 3, 1939
On November 28, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' The Direction of Election provided that
an election by secret ballot be conducted within fifteen (15) days
from the date of the Direction among the production and mainte-
nance employees 'of Century Biscuit Company, Indianapolis, Indiana,
who were employed by it during the pay-roll period immediately
preceding October 15, 1938, excluding truck drivers, salesmen, and
supervisory and clerical employees, and those who have since quit
or been discharged for cause, to determine whether or not they de-
sired to be represented by United Baking Workers L. I. U., No. 86,
for the purposes of collective bargaining.
Pursuant to the Direction an election by secret ballot was con-
ducted on December 13, 1938, at Indianapolis, Indiana, under the
direction and supervision of the Regional Director for the Eleventh
Region (Indianapolis, Indiana). On December 14, 1938, the said
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and served upon the parties an Intermediate Report
on the ballot. No objections or exceptions to the Intermediate
Report have been filed by any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
19 N L R B 1257
10 N. L. R. B., No. 85.
942
DECISIONS AND ORDERS 943
Total number of employees eligible to vote ------------------------ 121
Total number of employees voting_______________________________ 119
Total number of valid votes cast________________________________ 106
Total number of votes for United Baking Workers L. I. U., No. 86_ 22
Total number of votes against United Baking Workers L. I. U.,
No. 86-------------------------------------------------------- 84
Total number of blank ballots___________________________________ 0
Total number of void ballots ------------------------------------ 0
Total number of challenged ballots_______________________________ 13
The challenged ballots were not counted nor ruled upon by the Re-
gional Director since they could not have materially affected the
results of the election.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees of
Century Biscuit Company within an appropriate unit. The petition
for investigation and certification of representatives of employees of
Century Biscuit Company will therefore be dismissed.
ORDER
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 1, as amended,
it is hereby ordered that the petition for investigation and certifica-
tion of representatives of employees of Century Biscuit Company,
filed by United Baking Workers L. I. U., No. 86, be, and it hereby is,
dismissed.