P. Ballantine & Sons

National Labor Relations Board - Board Decisions

Mar 6, 1940

21 N.L.R.B. 162 (N.L.R.B. 1940)

In the Matter of P. BALLANTINE & SONS, A CORPORATION and WHOLE-
SALE LICENSED ALCOHOLIC BEVERAGE SALESMEN'S UNION, #20376-B,
BEER DIVISION , A. F. OF L.
Cases Nos. R-1379 and C-132
SUPPLEMENTAL DECISION
AND
ORDER
March 6, 1940
On February 9, 1940, the National Labor Relations Board, herein
called the Board, issued a Supplemental Direction of Election in the
above-entitled proceedings.' The Supplemental Direction of Election
provided that an election by secret ballot be conducted as early as
possible but not later than thirty (30) days from the date of the
Direction, under the direction and supervision of the Regional Direc-
tor for the Second Region (New York City), among all the draught-
and bottle-beer salesmen employed by P. Ballantine & Sons, at its
office at 24-16 Ridge Plaza, County of Queens, New York City, ex-
cluding sales managers, assistant sales managers, supervisors, clerical
employees, and those employees who had since quit or been discharged
for cause, to determine whether or not they desired to be represented
by Wholesale Licensed Alcoholic Beverage Salesmen's Union
#20376-B, Beer Division, A. F. of L., for the purposes of collective
bargaining. Pursuant to the Supplemental Direction of Election, an
election by secret ballot was held on February 15, 1940, at New York
City, under the direction and supervision of the Regional Director.
On February 17, 1940, the Regional Director, 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 her Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote ________________________________ 31
Total number of ballots cast________________________________ 30
Total number of valid ballots_______________________________ 30
120 N L R. B. 281
21 N. L. R. B., No. 23.
162
P. BALLANTINE & SONS
Total number of votes in favor of-Wholesale Licensed
163
Alcoholic Beverage Salesmen's Union #20376-B, Beer
Division, A F of L.------------------------------------- 7
Total number of votes against aforementioned union-------- 23
Total number of blank votes-------------------------------- 0
Total number of void ballots------------------------------- 0
Total number of challenged votes--------------------------- 0
No objections to the conduct of the ballot or the Election Report
have been filed by any of the parties.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
appropriate unit. The petition of Wholesale Licensed Alcoholic Bev-
erage Salesmen's Union #20376-B, Beer Division, A. F. of L., for
investigation and certification of representatives of employees of P.
Ballantine & Sons, at its office at 24-16 Ridge Plaza, County of
Queens, New York City, will, therefore, be dismissed.
ORDER
By virtue of Section 9 (a),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, as amended,
it is hereby
ORDERED, that the petition for investigation and certification of rep-
resentatives of employees of P. Ballantine & Sons, at its office at
24-16 Ridge Plaza, County of Queens, New York City, filed by
Wholesale Licensed Alcoholic Beverage Salesmen's Union #20376-B,
Beer Division, A. F. of L., be, and it hereby is, dismissed.