Frank Brothers Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1942

43 N.L.R.B. 983 (N.L.R.B. 1942)

In the Matter of FRANK BROTHERS MrG. Co., INC. and WHOLESALE &
WAREHOUSE WORKERS UNION, LOCAL .65, C. I. O.
Case No. R-3661
CERTIFICATION OF REPRESENTATIVES
September 4, 1942
On May 4; 1942, the National Labor Relations Board issued its
Decision and Direction of Elections in the above-entitled proceeding.,
Pursuant to the Direction of Elections, elections by secret ballot were
conducted on June 2, 1942, under the direction and supervision of the
Regional Director for the Second Region (New York City). On
August 4, 1942, the Board issued a Supplemental Decision and Direc-
tion, directing the Regional Director to open and count the chal-
lenged ballots of 6 named office employees and of 27 named shop em-
ployees.2 On. August 18, 1942, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor- Relations Board Rules
and Regulations-Series 2, as amended, issued a Supplemental Elec-
tion Report, copies of which were duly served upon the parties. No
objections to the counting of the challenged ballots or to the Supple
mental Election Report have been filed by any of the parties.
In her Supplemental Election Report, the Regional Director re-
ported that on August 6, 1942, the 33 challenged ballots in question
were opened in the presence of representatives of the interested parties.
As to the final results of the balloting in the elections,-after the count-
ing of the challenged ballots ordered to be opened by the Board,
the Regional Director reported as follows :
Office Employees
Total on eligibility list---------------------- _•_______________
Total ballots cast __________________________________________
Total ballots challenged ____________________________________
Total blank ballots_________________________________________
Total void ' ballots __________________________________________
Total valid votes counted _________-_________________________
Votes cast for Plumbing , Hardware, Paint, Electrical, Radio
Supplies & Automobile Accessories Emp. Union , Local 1146
of RCIPA, AFL----- ------------------------------------
140 N L. R B. 1143.
2 42 N. L. R B. 1251.
43 N. L. It. B.; No. 173.
11
6
0
0
0
6
.0
983
,984 DECISIONS ' OF NATIONAL, LABOR RELATIONS BOARD
Office Employees-Continued
rI i
Votes cast , for Wholesale & Warehouse Workers Union , Local ,
'65, CIO-------------------------------------------------- 6
Votes cast for neither-------------------------------------- 0
Shop Employees
Total on eligibility list----------------------------------- 41
Total ballots cast -------- --------------------------------- 40
Total ballots challenged ----------------------------------- 5
Total blank ballots --------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes counted--------------------------------- 33
Votes cast for Plumbing , Hardware, Paint, Electrical, Radio
Supplies & Automobile Accessories Emp. Union , Local 1146
of RCIPA, AFL----------------------------------------- 13
Votes cast for Wholesale & Warehouse Workers Union, Local
65, CIO--------------------------- --------------------- 20
Votes cast for neither-------------------------------------- 0
Challenged ballots ruled invalid by Board ------------------ 2
Since the five challenged ballots in the unit of shop employees cannot
affect the results of the election„we find it unnecessary to pass upon
them.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Sections 8 and 9, of ,National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Wholesale & Warehouse Workers Union,
Local 65, of the United Retail, Wholesale & Department Store Workers
of America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all office employees
of Frank Brothers Mfg. Co., Inc., New York City, excluding officers,
supervisory and managerial employees, and outside salesmen, as their
representative for the purposes of collective bargaining, and that, pur-
suant to the provisions of Section 9 (a) of the Act, Wholesale & Ware-
house Workers Union, Local 65, of the United Retail, Wholesale & De-
partment Store Workers of America, affiliated with the •Congress of
Industrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions of
employment.
IT Is HEREBY CERTIFIED that Wholesale & Warehouse Workers Union,
Local 65, of the United Retail, Wholesale & Department Store Workers
of America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all shop employees
of Frank Brothers Mfg. Co., Inc., New York City, including assem-
FRANK BROTHERS MFG. CO., INC. 985
blers, but excluding officers, supervisory and managerial employees,
and the Company's one truck driver, as their representative for the
purposes of collective bargaining, and that, pursuant to the provisions
of Section 9 (a) of the Act, Wholesale & Warehouse Workers Union,
Local 65, of the United Retail, Wholesale & Department Store Workers
of America, affiliated with the Congress of Industrial Organizations, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment. '