Christian Feigenspan Brewing Co.

National Labor Relations Board - Board Decisions

Jun 26, 1941

32 N.L.R.B. 1282 (N.L.R.B. 1941)

In the Matter of CHRISTIAN -FEIGENSPAN BREWING Co. and UNITED
WINDOW 'TRIMMERS & DISPLAYMEN'S UNION, LOCAL 640, A. F. OF L.
Case No. R-0257
SUPPLEMENTAL DECISION
AND
DIRECTION
June 26, 1941
On February 28, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceedings.,, Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on March 19, 1941,
under the direction and supervision of the Regional Director of the
Second Region (New York City) among all persons employed-by
Christian Feigenspan Brewing Co., herein called the Company, as
window trimmers or displaymen who work in the New York Metro-
politan and New Jersey areas. On April 15, 1941, the Regional
Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
issued and duly served upon the parties an Election Report.
As to the balloting, the Regional Director reported that of 8
ballots cast, 5 ballots had been challenged by United Window
Trimmers & Displaymen's Union, Local 640, A. F. of L., herein
called the Union, but that in order to preserve the secrecy of the
ballot she had impounded the ballot box and withheld the results
of the balloting until the Board had ruled upon the challenges. The
challenged ballots were those of James Carver, William Kelly,
James Brehm, Leonard Carver, and Norman Leahy. The Regional
Director also reported that there was no merit in the challenges, and
recommended that the 5 challenged ballots be counted.
On April 18, 1941, the Union filed objections to the conduct of the
secret ballot and the Election Report, and on May 1, 1941, a mem-
orandum in support of its objections. The Union in its objections
charged (1) that Kelly, Leahy, and James Carver were ineligible
'29 N L. R. B 1136
32 N. L. R. B., No. 184.
1282
CHRISTIAN FEIGENSPAN 'BREWING C0:' 1283
to vote since they were hired after the "filing of the: petition and the
issuance-of the' notice'of'hearing but'prior to'the,hearing';' (2)1 that
such-employees were hired' for the purpose of jovercoming•the major=
ity of the Union; (3) 1 that Leahy did not, work within the`geograph`-
ical'area 'set forth within the appropriate unit;i (4), that,Brehm and
Leonard Carver performed the duties of,, salesmen ;and, hence, were
excluded from, the appropriate unit and,- in, their, limited ,capacity
as window trimmers, worked outside, the geographical ,,area as .defined
in the unit, and,'also.that they received higher; salaries ,tha'n,the,other
window trimmers. The Union also objected to the, failure of„ the
Regional Director to forward a ballot to George Sachs, who was em-
ployed in the appropriate unit until February 8, 1941, when he was
transferred to the Connecticut office of the Company.
On May 19, 1941, the Regional Director issued a Report on
Objections, copies of which- were duly served upon the parties. The
Regional Director affirmed therein her previous rulings with respect
to the five challenged ballots; In addition she reported that Sachs
had confirmed in writing the contention of the Company that Sachs
was transferred to Connecticut prior to the date of the Direction of
Election at his own request, and that the transfer was permanent.
The Regional Director did not, however, rule upon the charge of
the Union that Leahy, Kelly, and James Carver were hired by the
Company for the purpose of overcoming the majority of the Union.
We find no merit in this contention of the Union. We further find
and conclude, for the reasons indicated by the Regional Director in
the Election Report and Report on Objections, that Kelly, Brehm,
Leahy, James Carver, and Leonard Carver, the challenged voters,
were eligible to vote, and that George Sachs was not eligible to vote.
Accordingly, we hereby overrule the objections, and each of them,
made by the Union to the conduct of the ballot and the Election
Report. Since the results of the election may be affected by the
counting 'of the challenged ballots declared valid, we shall direct
that they be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of 'the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Christian Feigenspan Brewing -Co., Newark, New
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1284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Jersey, the Regional Director for the Second Region (New York
City) shall, pursuant to the Rules and Regulations of the Board, set
forth above, and subject to Article III, Section 9, of said Rules and
Regulations, within ten (10) days from the date of this Direction,
open and count the ballots of James Carver, William Kelly, James
Brehm, Leonard Carver, and Norman Leahy, as well as the unchal-
lenged ballots, and shall thereafter prepare and cause to be served
upon the parties in this case a Supplemental Election Report
embodying her findings therein and her recommendations as to the
results of the secret ballot.