Edward & John Burke, Ltd.

National Labor Relations Board - Board Decisions

Jan 16, 1942

38 N.L.R.B. 346 (N.L.R.B. 1942)

In the Matter of EDWARD & JOHN BURKE, LTD. and AMERICAN
BROTHERHOOD OF PAPER MAKERS , LOCAL #414, AFFILIATED WITH THE
A. F. OF L.
Case No. R-3057
SUPPLEMENTAL DECISION
AND
ORDER
January 16, 1942
On November 12, 1941, the National Labor Relations Board, herein
called the 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 December 10, 1941,
under the direction and supervision of the Regional Director for the
Thirteenth Region (Chicago, Illinois). On December 16, 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. No objections to the conduct of the ballot or the Election
Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number on eligibility list ______________________________ 51
Total number of ballots cast --------------------------------- 49
Total number of challenged ballots___________________________ 9
Total blank ballots ----------------------------------------- 0
Total void ballots__________________________'_________________ 0
Total valid ballots cast_____________________________________ 40
Total number of ballots cast for International Brotherhood of
Paper Makers , Local #414, affiliated with the A. F. of L______ 16
Total number of ballots cast against International Brotherhood
of Paper Makers , Local #414, affiliated with the A F. of L__ 24
Of the nine challenged ballots, two were challenged by the Board
agent, six by the Union, and one by the Company. It was stated in
the Regional Director's Election Report that the two ballots chal-
lenged by the Board agent were those of the Company's night-super-
136 N L R. B. 839.
38 N. L. It. B., No. 72.
346
VOLNE'Y FELT MILLS INC. 347
intendent and shipping clerk, and that both of these men admitted
to the Board agent that they were supervisory employees. The Re-
gional Director recommended that both challenges be sustained. As
above noted, no objections to the Election Report have been filed.
Under these circumstances, the challenge of the Board agent as to
the two ballots will be sustained. The Regional Director made no
recommendations concerning the remaining seven challenged ballots.
Since these ballots cannot affect the result of the election, we find it
unnecessary to pass upon them.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees of the
Company in the unit heretofore found to be appropriate for col-
lective bargaining. The petition for investigation and certification
of representatives 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 Na-
tional 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 Volney Felt Mills Inc., Chicago, Illinois, filed herein,
be, and it hereby is, dismissed.
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