David Kahn, Inc.

National Labor Relations Board - Board Decisions

Jul 24, 1941

33 N.L.R.B. 770 (N.L.R.B. 1941)

In the Matter of DAVID KAHN, INC. and LOCAL 22500 OF TEE AMERICAN
FEDERATION OF LABOR
Case No. R-0446
SUPPLEMENTAL DECISION
AND
ORDER
July 04, 1941 9
On May 3, 1941,-the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on May 29, 1941, under the direction and supervision of
the Regional Director for the Second Region (New York City). On
June 25, 1941, the Regional Director acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an election report.
As to the ballots and its results, the Regional Director reported as
follows :
Total number eligible to vote ---------- ----------------------- 463
Total number of ballots cast--------------------------------- 453
Total number of valid ballots-------------------------------- 441
Total number of votes in favor of Patent Pen and Pencil
Workers Local #22500, affiliated with the American Federa-
tion of Labor--------------------------------------------- 216
Total number of votes against the aforementioned Union ------ 225
Total number of void ballots-------------------------------- 0
Total number of blank votes--------------------------------- 2
Total number of challenged votes---------------------------- 10
With respect to the ballots of three employees, Giovanni Piezzo,
Elvira Piezzo, and Maria Panzino, which were challenged by Pat-
ent Pen and Pencil Workers Local #22500, affiliated with the Amer-
ican Federation of Labor, the Regional Director recommended that
said ballots be declared invalid for the reason that the above-named
employees were hired after the pay-roll period by which eligibility
1 31 N L. R. B. 578.
33 N. L. R. B., No. 135.
770
D'AVLD KAHN, 'INC. 771
to vote in the election was determined and, consequently, were in-
eligible to vote in the election. Since the determination of the valid-
ity of the remaining seven challenged ballots could have no effect
upon the results of the election, the Regional Director made no rul-
ings upon them. No objections to the conduct of the ballot or to
the election report have been filed by any of the parties. We accept
the recommendation of the Regional Director and find that the
ballots of above three employees are invalid.
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees of
David Kahn, Inc., herein called the Company, in the unit heretofore
found to be appropriate for the purposes of collective bargaining.
The petition for the investigation and certification of representatives,
of employees of the 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 2, as amended,
the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
David Kahn, Inc., North Bergen, New.Jersey, filed herein, be, and it
hereby is, dismissed.
450122-42-vol. 33-50