Manufacturers Supply Co.

National Labor Relations Board - Board Decisions

Jan 16, 1942

38 N.L.R.B. 348 (N.L.R.B. 1942)

In the Matter of MANUFACTURERS SUPPLY CO. and INTERNATIONAL.
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-1276, A. F. L.
Case No. R-3=4
SUPPLEMENTAL DECISION AND ORDER
January 16, 1942
On November 29, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on December 4, 1941, under
the direction and supervision of the Regional Director for the Second
Region (New York City). On December 8, 1941, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list ----------------- _-------------------- 234
Total ballots cast----------------------- _____ ------- -------- 226
Total ballots challenged _____________________________________ 0
Total blank ballots ------------------------------------------ 0
Total void ballots_ __________________________________________ 0
Total valid votes counted____________________________________ 226
Votes cast for International Brotherhood of Electrical
Workers, Local B-1276, AFL______________________________ 91
Votes cast against aforementioned union _____________________ 135
On December 5, 1941, Objections to the Election Report were filed by
International Brotherhood of Electrical Workers, Local B-1276,
A. F. of L., herein called the Union. On January 9, 1942, the Re-
gional Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations 'Series 2, as amended,
issued a Report on Objections, finding that the Objections of the
Union raised no substantial or material issues with respect to the
conduct of the election, and recommending that the Objections be
dismissed.
We have considered the Objections of the Union and the Regional
Director's Report thereon. We are of the opinion that the Objections
1 37 N. L. R. B. 162.
38 N. L. R. B., No. 73.
348
VOLNEY FELT MILLS': INC. 347
intendent and shipping clerk, and that both of these men admitted
to the Board agent that they were supervisory employees. The Re-
gional Director recommended that both challenges be sustained. As
above noted, no objections to the Election Report have been filed.
Under these circumstances, the challenge of the Board agent as to
the two ballots will be sustained. The Regional Director made no
recommendations concerning the remaining seven challenged ballots.
Since these ballots cannot affect the result of the election, we find it
unnecessary to pass upon them.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees of the
Company in the unit heretofore found to be appropriate for col-
lective bargaining. The petition for investigation and certification
of representatives of the Company will therefore be dismissed.
ORDER
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 Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of
employees of Volney Felt Mills Inc., Chicago, Illinois, filed herein,
be, and it hereby is, dismissed.