Sweet Candy Co.

National Labor Relations Board - Board Decisions

Apr 11, 1938

6 N.L.R.B. 541 (N.L.R.B. 1938)

In the Matter of SWEET CANDY COMPANY, A CORPORATION and CANDY
WORKERS' LOCAL No. 373
,, ,;,
Case No. R-526
CERTIFICATION OF REPRESENTATIVES
April 11, 1.938
On. February 21, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case? On March 11, 1938, the Board issued an amend-
ment to the Direction of Election.2 The Direction of Election, as
amended, directed that an election by secret ballot be conducted within
thirty (30) days from the date of the Direction among all plant em-
ployees of Sweet' Candy Company, Salt Lake City, Utah, on its pay
roll of November 5, 1937, including watchmen but excluding foremen,
office and clerical help, employees of the shipping and delivery depart-
ment, and those who since had quit or had been discharged for cause,
to determine whether or not they desired to be represented by Candy
Workers' Local No. 373, Bakery and Confectionery Workers' Inter-
national Union of America, for the purposes of collective'bargaining.
' Pursuant to this Decision and Direction of Election, as amended,
an election by secret ballot was conducted on March 18, 1938, at Salt
Lake City, Utah, under the direction and supervision of Aaron W.
Warner, the Regional Director for the Twenty-second Region (Den-
ver, Colorado). Full opportunity was accorded to all of the parties
to this investigation to participate in the conduct of the secret ballot
and to make challenges. On March 21, 1938, the said Regional Di-
rector, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties his Intermediate Report on the ballot.
No objections or exceptions to the Intermediate Report have been filed
by any of the parties.
15 N. L. R. B. 541.
2 5 N. L. R. B. 546.
541
542 NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total employees eligible------------------------------------- 140
Total number of ballots cast--------------------------------- 118,
Ballots cast for Candy Workers' Local No. 373----------------- 80
Ballots cast against Candy Workers' Local No. 373------------ 38
Challenged ballots------------------------------------------- 3 0
Blank ballots----------------------------------------------- 0
Void ballots-------------- ---------------------------------- 0
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 and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Candy Workers' Local No. 373, Bakery
and Confectionery Workers' International Union of America, has
been designated and selected by a majority of all plant employees,of
Sweet Candy Company, Salt Lake City, Utah, including watchmen
but excluding foremen, office and clerical help, employees of the ship-
ping and delivery department, as their representative for the purposes
of collective bargaining,, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, Candy Workers' Local No. 373, Bakery
and Confectionery Workers' International Union of America, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
3 During the balloting two employees appeared and contended that their names had
been omitted through oversight from the list of eligible .voters which had been agreed to
by all - the parties prior , to the balloting . It was decided by the agent who conducted
the election that the two employees should mark ballots, but'that said ballots- should' be
held in escrow in sealed envelopes and not cast or counted until and unless the count of
the ballots cast by those on the eligibility list indicated that these two ballots might
affect the outcome. Since the count made these two ballots immaterial , they were not
counted for any purpose.