Gold & Baker

National Labor Relations Board - Board Decisions

Jan 26, 1944

54 N.L.R.B. 869 (N.L.R.B. 1944)

In the Matter of BERNARD GOLD AND JACK WASSERMAN, CO-PARTNERS
DOING BUSINESS UNDER THE NAME OF GOLD & BAKER and WHOLE-
SALE AND WAREHOUSE WORKERS UNION, LOCAL 65, C. I. O.
Case No. R-5899 (2R-3943)
SUPPLEMENTAL DECISION
AND
ORDER
January 26 , 1944
On October 25, 1943, the National Labor Relations Board issued
a Decision and Direction of Election in the above -entitled proceed-
ing. Pursuant to the Direction of Election , an election by secret
ballot was conducted on November 24, 1943, under the direction and
supervision of the Regional Director for the Second Region (New
York City ). On January 4, 1944, the Regional Director issued and
duly served on the parties a Tally of Ballots. No objections to the
conduct of the election or to the Tally of Ballots have been filed by
any of the parties.
As to the balloting and its results , the Regional Director reported as
follows :
Approximate number of eligible voters---------------------- 2
Valid votes counted---------------------------------------- 1
Votes cast for Wholesale & Warehouse workers Union, Local
65, C. 1. 0----------------------- ------------------ 1
Votes cast for Joint Board of Millinery Workers Union, Local
90, A. F. L----------------------------------------------- 0
Votes cast against participating unions ---------------------- 0
Challenged ballots ------------------------------------------ 0
Void ballots------------------------------------------------ 0
The results of the election among the employees in the appropriate
unit disclose that only two employees were eligible to vote and that
only one employee voted in the election. Under these circumstances,
since the unit consists of only two employees, we find that the ballot-
ing failed to result in a representative vote, and we shall dismiss,
without prejudice, the petition filed herein.'
1 53 N. L. R. B. 53.
2 Cf. Matter of S. A. Kendall, Jr., et al., 41 N. L. R. B. 395; Matter of Aluminum Line,
at al, 9 N. L R. B. 72, 85
54 N. L R. B.. No. 130.
869
870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of
employees of Bernard Gold and Jack Wasserman, co-partners doing
business under the name of Gold & Baker, New York City, filed by
Wholesale and Warehouse Workers Union, Local 65, C. I. 0., be, and
it hereby is, dismissed without prejudice.