Southern Engraving Co.

National Labor Relations Board - Board Decisions

Jul 10, 1942

42 N.L.R.B. 270 (N.L.R.B. 1942)

In the Matter of CONSTITUTION PUBLISHING COMPANY , DOING BUSINESS
AS SOUTHERN ENGRAVING COMPANY and INTERNATIONAL PHOTO-
ENGRAVERS ' UNION OF NORTH AMERICA (AFL)
Case No 8330
SUPPLEMENTAL DECISION
AND
ORDER
Judy 10, 194 9
On March 16, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding 1 Pursuant to the Direction of Election,
an election by secret ballot was conducted on March 27, 1942, under
the direction and supervision of the Board's Acting Regional
Director for the Tenth Region (Atlanta, Georgia) On March
28, 1942, the Acting Regional Dnector, acting pursuant ,to Article
111, Section`9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued an Election Report, copies of
which were duly served upon the,pat ties
As touthe balloting and the results thereof, the Acting Regional
Director reported as follows
Total ballots cast----------------------------- ------- ------ 25
Total ballots chill.enged------------------------------------ 0
Total Void ballots------------------------------------------ 0
Total Valid votes counted----------------------------------- 25
Votes cast for International Photo-EngiaNeis' Union of North
Arueiica--------------------- ---------------------------- 10
Votes cast against above Union------------------------------ 15
Objections to the Election Report were filed by International Photo-
Engravers' Union of North America (AFL), herein called the Union,
on March 31, 1942, and an answer_to these objections was,thereafter
filed by Constitution Publishing Company, doing business as Southern
Engraving Company, herein called the Company On Api11 1, 1942,
the Union filed with the Acting Regional Director a charge in Case
No X-C-1121, alleging that the Company had engaged in and was
engaging in unfair labor practices within the meaning of Section
139 N L R B 860
42NLRB,No64
270
SOUTHERN ENGRAVING COMPANY 271
8 (1) of the National Labor Relations Act, herein called the Act 2
Thereafter, the Acting Regional Director, on April 28, 1942, issued
his Repoit on Objections, and the Board, on April 29, 1942, issued
an order consolidating Cases No R-3530 and No X-C-1121 On
May 13, 1942, the Boaid issued an ordei du ecting a hearing on the
Union's objections to the Election Report in Case No. R-3530, and
on May 16, _1942, the Boai d, by its Acting Regional Director, issued
a complaint in Case No X-C-1121 Copies of the complaint and
'of ' notice' bf ,hear ing in the consolidated cases were duly seived on
`+the pasties
Thereafter, piioi to healing in the consolidated cases, the Company,
the Union, and an attorney for the Boaid entered into a stipulation
in settlement of the cases, subject to the approval of the Board The
stipulation provided, in part, for severance of Cases Nos R-3530 and
X-C-1121, for the setting aside of the election of March 27, 1942,
and for appiopilate disposition by the Board of Case No R-3530
By oidei dated July 2, 1942, the Board approved the stipulation and
severed 'Cases No R-3530 and No X-C-1121
- We shall, in accordance with the stipulation of the parties, set aside
the election of March 27, 1942 It will, in our,opinion, best effectuate
the purposes of the Act if the Union's petition in Case No R-3530
is dismissed, but the dismissal shall be without prejudice to the filing
of a new petition
ORDER
By virtue of and pus scant to the poi es vested inn- the National
Labor Relation5_Boaid by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to National Labor Relations Board Rules
and Regulations-Series 2, as amended
IT IS HEREBY ORDERED that the election held on Maich 27, 1942,
among employees of Constitution Publishing Company, doing busl-
ness as Southern Engraving Company, Atlanta, Georgia, be, and it
heleb-, is, vacated and set aside,
AND IT IS FURTIIER ORDERED that the petition foI investigation and
certification of representatives filed herein by Inteinational Photo-
Engravers' Union of North America (AFL) be, and it hereby is,
dismissed without prejudice
2The charge in Case No X-C-1121 contained allegations of interference restraint,
and coercion on the pact of the Company similai to those contained in the Unions
previously filed objections to the Election Repoi t