L.A. Nut House

National Labor Relations Board - Board Decisions

Dec 19, 1939

18 N.L.R.B. 470 (N.L.R.B. 1939)

In the Matter of L. A. NUT HOUSE and UNITED CRACKER , BAKERY &
CONFECTIONERY WORKERS OF AMERICA
Case No. R-354
ORDER
December 19, 1939
On March 5, 1938, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.'
The Direction of Election directed that an election by secret ballot be
held within twenty (20) days from the date of the Direction, among
employees of Ralph W. Gold and Sam Gendel, a copartnership, trad-
ing under the name and style of Los Angeles Nut House, to determine
whether they desired to be represented by United Cracker, Bakery
and Confectionery Workers of America, Local Industrial Union
No. 212, affiliated with the Committee for Industrial Organization,
or by Produce Drivers and Employees Union, Local No. 630, Interna-
tional Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither. In the election conducted on
March 23, 1938, pursuant to said Direction of Election, a majority of
the employees in the appropriate unit indicated their desire to bargain
collectively with their employer, but neither of the rival unions re-
ceived a majority of the votes cast. On July 11, 1938, United Cracker,
Bakery and Confectionery Workers of America, Local Industrial
Union No. 212, having received the greater number of votes, made a
request to the Regional Director that a run-off election be held. On
July 22, 1938, the Board issued a Supplemental Decision and Direc-
tion of Election,2 herein called the Second Direction, which directed
that a run-off election be conducted, within twenty (20) days, among
the employees in the appropriate unit to determine whether or not
they desired to be represented by United Cracker, Bakery and Con-
fectionery Workers of America, Local Industrial Union No. 212, for
the purposes of collective bargaining. On August 11, 1938, the Board
issued an Amendment to Direction of Election,' which postponed
1 5 N. L. R . B. 799.
2 8 N. L. R. B. 502.
8 N. L . R. B. 604.
18 N. L . R. B., No. 63.
470
L. A. NUT HOUSE, 471
indefinitely the holding of the run-off election provided for in the
Second Direction.
The Board has-been informed by the Regional Director that United
Cracker, Bakery and Confectionery Workers of America, Local In-
dustrial Union No. 212 has dissolved and no longer exists as a labor
organization. Under the circumstances, and in view of the time
which has elapsed since the issuance of the Second Direction, the
petition for investigation and certification of representatives filed in
the above-entitled' proceeding will be dismissed.
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 National
Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Ralph W. Gold and Sam
Gendel, a copartnership, trading under the name and style of Los
Angeles Nut House, Los Angeles, California, filed by United Cracker,
Bakery and Confectionery Workers of America, Local Industrial
Union No. 212, affiliated with the Committee for Industrial Organiza-
tion, be, and it hereby is, dismissed.
MR. WILLIAM M. LEISERsoN took no part in the consideration of the
above Order.
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