Riley's Lemon Pies

National Labor Relations Board - Board Decisions

Jun 2, 1948

77 N.L.R.B. 1042 (N.L.R.B. 1948)

In the Mattel' of J. RILEY RACKLIFF 'E, D/B/A RILEY 's LE,IroN PIES,
EMPLOYER and CARL REISER, PETITIONER and BAKERY AND CiONFEC-
'I'IONERY WORKERS UNION OF AMERICA , LOCAL 37, AFL, UNION
Case No. 21-RD-5.-Decided June 2, 1948
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 hear-
ing 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 ` Petitioner representing employees of the Employer is an
individual who asserts that the Union is no longer the representative
of the employees as defined by Section 9 (a) of the amended Act.
The Union is a labor organization currently recognized by the
Employer as bargaining representative of its employees.
3. A question of representation 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.2
4. The following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 ( b) of the Act:
All inside bakery workers, excluding supervisors.
*Iiouston, Reynolds, and Gray.
' Matter of Lzddon White Truck Company , Inc, 76 N L R B 1186 ; Matter of Central
Paah and Door Company, 77 N L R B 418
We find that the contract between the Union and the Employer, Signed by the Employer
after the instant petition was filed , is not a bar to this proceeding Matter of Ezcor, Inc
46 N L R B 1035.
77 N L R B, No. 165.
1042
RILEY'S LEMON PIES
DIRECTION OF ELECTION
1043
As part of the investigation to ascertain representatives for the pur-
poses 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 super-
vision 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, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preceding
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 Bakery and Confectionery Workers Union of America,
Local 37, AFL.