Surebest Bakers

National Labor Relations Board - Board Decisions

Apr 25, 1942

40 N.L.R.B. 863 (N.L.R.B. 1942)

In the, Matter of S. R. SHARP, DOING BUSINESS AS SUREBEST BAKERS
,and UNITED BAKERY WORKERS LOCAL INDUSTRIAL UNION No. 1145
(CIO)
Case No. R-3412
SUPPLEMENTAL DECISION
AND
DIRECTION
April 9,5, 1942
On.February 10, 1942, the National Labor Relations Board, herein
called the Board, issued 'its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of. Election,
an, election by secret ballot was conducted on March 6, 1942, under
the direction and supervision of the Regional Director for the Six-
teenth Region (Fort Worth, Texas). On March 11, 1942, the Regional
Director, acting pursuant , to, Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served.upon the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list------ -------------------------------- 62
Total ballots cast------------------------------------------ 62
Total ballots challenged------------------------------------- 6
Total blank ballots_______________________ __________________ 0
Total void ballots------------------------------------------ 0
Total valid ballots counted-----------------------------------
Total votes cast for United Bakery Workers Local Industrial
56
Union No. 1145 (CIO) -------------------------------29
Votes cast for Bakery and Confectionery Workers, International
Union of America , (AFL)--------------------------------- 26
Votes cast for neither-------------------------------------- 1
In his Report and Recommendations on Challenged Ballots, the,
Regional Director recommended that the challenges as to two ballots,
those of Jesus Acosta and Faustino Rodriguez be sustained; and that
the challenges as to four ballots, those of W. D. Scott, D. A. Stevens,
Elizabeth S. Cousins, and Maria Louisa Barrios, be overruled.
Thereafter, United Bakery Workers Local Industrial Union No.
1145 (CIO) filed objections to the Regional Director's recommendation
1 38 N L R B 1043
40 N L R B, No. 154.
863
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the challenge to the ballot of Jesus Acosta be sustained and the
challenges to the ballots of W. D. Scott, D. A. Stevens, Elizabeth S.
Cousins, and Maria Louisa Barrios, be overruled. It did not object to
the Regional Director's recommendation as to the ballot of Faustino
Rodriguez.
We find that, as to W. D. Scott, D. A. Stevens, Elizabeth S.
Cousins, and Maria Louisa Barrios, the Regional Director properly
overruled the challenges to their ballots. In our Decision and Direc-
tion of Election, we found that all employees of the Company,exclu-
sive of certain named individuals and other supervisory employees
constituted the appropriate unit and were, therefore, eligible to vote.
Although Rodriguez was excluded by our Decision and Direction be-
cause as of that date lie was a foreman, he no longer holds that posi-
tion. He is now listed by the Company as a regular employee. Al-
though the Company discharged Jesus Acosta for a short period
of time, and then reinstated him, he was and has always been a
regular employee of the Company. The facts set forth in the Elec-
tion Report and the Report and Recommendations on Challenged
Ballots thereto disclose that Rodriguez and Acosta are regular em-
ployees of the Company who fall within the scope of the appropriate
unit found in our Decision and Direction of Election. The chal-
lenges to their ballots are therefore overruled. We shall direct that
their ballots be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the, purposes of collective bargaining
with S. R. Sharp, doing busines's as Surebest Bakers, El Paso, Texas,
the Regional Director for-the Sixteenth Region (Fort Worth, Texas)
shall, pursuant to said Rules and Regulations, and subject to Article
III, Section 9, thereof, within ten (10) days from the date of this
Direction, open and count the challenged ballots of Jesus Acosta, -
Faustino Rodriguez, W. D. Scott, D. A. Stevens, Elizabeth S.
Cousins, and Maria Louisa Barrios herein declared valid and shall
thereafter prepare and cause to be served upon the parties to this
proceeding a Supplemental Election Report embodying his findings
therein and his recommendations as to the result of the balloting.
Signed at Washington, D. C., this 25th day of April 1942.