Ives-Cameron Co., Inc.

National Labor Relations Board - Board Decisions

Jan 25, 1949

81 N.L.R.B. 287 (N.L.R.B. 1949)

In the Matter of IVES-CAMERON COMPANY, INC., EMPLOYER and THOMAS
F. KENNEY AND HAROLD KRAUSS, INDIVIDUALS, PETITIONERS and
DRUG TRADE SALESMEN'S UNION LOCAL 65, CIO, UNION 1
Case No. 2-RD-53.Decided January 25,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a decertification petition duly filed, a hearing was held before
a hearing officer of the National Labor Relations Board. The hearing
officer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The Petitioners, employees of the Employer, assert that the
Union is no longer the bargaining representative of the Employer's
employees as defined in Section 9 (a) of the Act.
The Employer was formerly named International Vitamin Corpo-
ration. The Union, a labor organization affiliated with the Congress
of Industrial Organizations, was certified on June 6, 1946, in case
No. 2-R-6487, pursuant to a consent election, as the exclusive bar-
gaining representative of the employees here involved 2
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
'The Union, also known as Drug Trade Salesmen 's Union , CIO, failed to appear at the
hearing.
* Chairman Herzog and Members Houston and Gray.
I A collective bargaining contract, subsequently supplemented and since terminated, was
executed by the Union and the Employer on May 9, 1947.
81 N. L . R. B., No. 45. 287
288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All salesmen, combination men and detail men, operating in Maine,
New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut,
New York State; the following counties in New Jersey : Bergen, Pas-
saic, Hudson, Essex, Morris, Union, Sussex, Hunterdon, Mercer,
Somerset, Middlesex, Monmouth, and Ocean; and the city of Phila-
delphia, Pennsylvania, excluding supervisors as defined in the Act .s
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
pose of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, as amended, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction of Election, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, but excluding those employees who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented, for purposes of collective
bargaining, by Drug Trade Salesmen's Union, Local 65, CIO.4
8 The unit is the same unit as the one for which the Union was certified as bargaining
representative ; the description has been changed only by naming States and counties
instead of broad geographical areas.
4 The Union is not in compliance with the filing requirements of the Act . Accordingly,
if the Union wins the election , and it has not complied with such requirements , the Board
will certify only the arithmetical results of the election. See Matter of Amertican Smelting
and Refining Company, 80 N. L. R. B. 68 ( and cases cited therein).