Stone-Wright Studios, Inc.

National Labor Relations Board - Board Decisions

Jan 17, 1942

38 N.L.R.B. 389 (N.L.R.B. 1942)

In the Matter Of STONE-WRIGHT STUDIOS, INC. and UNITED PHOTO-
GRAPHIC EMPLOYEES UNION, LOCAL 415, U. O. P. W. A., C. I. O. -
Case No. R-3441.-Decided January 17, 1940
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election, show that
no representative has been selected by a majority of the employees in the
appropriate unit.
Mrs. Elinore Al. Herrick, for the Board.
Mr. Frank V. McMa76on,• of New York City, for the Company.
Mr. David Lieberman, of New York City, for the Union.
Mr. Robert E. TiUrncai , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On September 18, 1941, United Photographic Employees Union,
Local 415, U. O. P. W. A., C. I. 0., herein called the Union, filed
with the Regional Director for the Second Region (New York City)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Stone-Wright Studios,
Inc., New York City, herein called the Company, engaged in,the
business of commercial art and photography, specializing in same for
mail-order and catalogue companies, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 23, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (e) of the Act, and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an 'investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On November 7, 1941, the
Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
38 N. L. R. B., No. 78.
389
390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on November 12, 1941, under the direction and supervision
of the Regional Director, among all photographic, photostat, art,
shipping- and delivery-department employees whose names appeared
on the pay roll of the Company for the week ending October 29,
1941, excluding executives, office workers, stylists, outside salesmen,
contact men, and temporary employees, to determine whether or not
they desired to be represented by the Union. On November 21, 1941,
the Regional Director issued and duly served upon the parties an
Election Report on the ballot. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.1
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------- --------------- 82
Total ballots cast___________________________________________ 78
Total ballots challenged_____________________________________ 2
Total blank ballots---------- -------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted____________________________________ 76
Votes cast for United Photographic Employees Union, Local
415, U 0 P W A, C I. 0------------------------------ 36
Votes cast against United Photographic Employees Union,
Local 415, U. 0 P. W. A., C I. 0_________________________ 40
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
appropriate unit. The petition of United Photographic Employees
Union, Local 415, U. O. P. W. A., C. I. 0., for investigation and
certification of representatives of employees of Stone-Wright Stu-
dios, Inc., New York City, will therefore be dismissed.
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Stone-Wright Studios, Inc., New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All photographic, photostat, art, shipping- and delivery-depart-
ment employees of Stone-Wright Studios, Inc., New York City, ex-
cluding executives, office workers, stylists, outside salesmen, contact,
men, and temporary employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the National Labor Relations Act.
The Union fled an objection to the election on November 24, 1941, but withdrew it
January 6, 1942.
STONE-WRIGHT STUDIOS, INC . - 391
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
IT Is HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Stone-Wright Studios,
Inc., New York City, filed by United Photographic Employees Union,
Local 415, U. O. P. W. A., C. I. 0., be, and it hereby is, dismissed.