Joe Lowe Corp.

National Labor Relations Board - Board Decisions

Oct 20, 1939

16 N.L.R.B. 198 (N.L.R.B. 1939)

In the Matter Of JOE LowE CORPORATION and INDEPENDENT UNION
OF CONFECTIONERY WORKERS, LOCAL 1
Case No. R--1331
CERTIFICATION OF REPRESENTATIVES
October 20, 1939
On July 18, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision-and Direction of Election in the
above-entitled proceeding.'
On August 1,1 August 10,3 and September 27, 1939,' the Board
amended its Direction of Election with regard to the date on which
the election was directed to be held. On October 6, 1939, the Board
issued a Supplemental Decision and Fourth Amendment to Direction
of Election granting the request of Independent Union of Confec-
tionery Workers, Local 1, that its name be omitted from the ballots
The Direction of Election, as amended, provided that an election
by secret ballot be conducted within ninety (90) days from the date
of the Direction of Election, under the direction and supervision of
the Regional Director for the Second Region (New York City) act-
ing in the matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, among all the production and
maintenance employees of Joe Lowe Corporation at its New York
City plant who were employed by it in the pay-roll period imme-
diately preceding the date of the Direction of Election, including
A. Bilotti, M. Block, E. Campbell, R. Cucchiaro, J. Doyle, H. Freu-
denthal, B. Gajda, D. Garbarini, W. Gerrier, R. Leibson, W. Lejman,
J. Molloy, G. Novak, A. Pacello, H. Schoenfeld, P. Schuessler,
W. Waller, employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then
or have since been temporarily laid off, but excluding supervisory and
clerical employees, chemists, laboratory workers, part-time em-
113 N. L. R. B. 672.
214 N . L. R. B. 54.
314 N. L. R. B. 54
415 N. L. R. B. 712.
515 N. L. R. B. 712.
16 N. L. R. B., No. 22.
198
JOE LOWE CORPORATION 199
ployees, A. Baker, A. Baumgarten, C. Christie, G. Clark, C. Durante,
P. Durante, S. Einbinder, J. Goldenhorn, H. Hoffman, J. Kornfield,
S. Kritzler, L. Metry, R. Myer, A. Pereria, N. Peyton, M. Present,
L. Reed, J. Rubens, H. Schwartz, D. Stolz, A. Webel, D. Winston,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Local 138,
International Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on October 6, 1939, at New York City,
under the direction and supervision of the Regional Director for the
Second Region. On October 9, 1939, the Regional Director, acting
pursuant to Article III, Section 9, of said Rules and Regulations,
issued and duly served upon the parties her Election Report. No
objections or exceptions have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote -------------------------------- 130
Total Number of Ballots Cast -------------------------------- 112
Total Number of Ballots Counted____________________________ 112
Total Number of Votes in favor of Local 138, International
Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers, A. F. of L______________--------------------------------------- Ill
Total Number of Votes against afore-mentioned union--------- 1
Total Number of Blank Votes_______________________________ 0
Total Number of Void Ballots_______________________________ 0
Total Number of Challenged Votes___________________________ 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 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,
IT is HEREBY CERTIFIED that Local 138, International Brotherhood
of Teamsters, Chauffeurs, Stablemen and Helpers, affiliated with the
American Federation of Labor, has been designated and selected by a
majority of all the production and maintenance employees of Joe
Lowe Corporation at its New York City plant, including A. Bilotti,
M. Block, E. Campbell, R. Cucchiaro, J. Doyle, H. Freudenthal,
B. Gajda, D. Garbarini, W. Gerrier, R. Leibson, W. Lejman, J. Mol-
loy, G. Novak, A. Pacello, H. Schoenfeld, P. Schuessler, and
W. Waller, but excluding supervisory and clerical employees, chem-
ists, laboratory workers, part-time employees, A. Baker, A. Baum-
garten , C. Christie, G. Clark, C. Durante, P. Durante, S. Einbinder,
J. Goldenhorn, H. Hoffman, J. Kornfield, S. Kritzler, L Metry,
247383-40-vol. 16-14
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
R. Myer, A. Pereria, N. Peyton, M. Present, L. Reed, J. Rubens,
H. Scwartz, D. Stolz, A. Webel, and D. Winston as their representa-
tive for the purposes of collective bargaining and that, pursuant to
Section 9 (a) of the Act, Local 138, International Brotherhood of
Teamsters, Chauffeurs, Stablemen and Helpers, affiliated with the
American Federation of Labor, is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.