A. Zerega's Sons, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 1938

6 N.L.R.B. 249 (N.L.R.B. 1938)

In the Matter of A. ZEREGA'S SANS, INC. and COMMITTEE FOR INDUS-
TRIAL ORGANIZATION, ON BEHALF OF THE EMPLOYEES OF A. ZEREGA'S
SONS, INC.
Case No. R-492
SUPPLEMENTAL DECISION
AND
ORDER
_ - _ _-.. _March 29, 1938
On February--19; 1938, the National Labor Relations Board, herein
-called the Board, issued a Decision and Direction of Election in the
above-entitled case.,' The Direction of Election directed that an elec-
tion by secret ballot be conducted among the maintenance, produc-
tion, shipping, and receiving employees of A. Zerega's Sons, Inc.,
Brooklyn, New York, herein called the Company, excluding all super-
visory employees, chauffeurs, clerical and office workers, and sales-
men, who were in the employ of the Company during the pay-roll
.period immediately preceding September 29, 1937, excluding those
who since had voluntarily quit or had been discharged for cause, to
determine whether they desired to be represented by Macaroni and
Noodle Workers' Local Industrial Union, No. 0663, affiliated with the
Committee for Industrial Organization, or by the Bakery and Con-
lectionery Workers' International Union of America, Local No. 445,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
Upon request of the Bakery and Confectionery Workers' Interna-
tional Union of America, Local No. 445, affiliated with the American
Federation of Labor, on February 26, 1938, the Board amended the
Direction of Election by eliminating that organization from the ballot
and election.2
Pursuant to the Direction, as amended, an election by secret ballot
was conducted on March 3, 1938, at Brooklyn, New York, under the
direction and supervision of the Regional Director for the Second
Region (New York City). Full opportunity was accorded all the
parties to this investigation to participate in the conduct of the secret
15 N. L. R B. 496.
25N.L R B 501.
249
250 NATIONAL LABOR RELATIONS BOARD
ballot and to make challenges. On March 7, 1938, the Regional Direc-
tor, 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 an Intermediate Report on the
ballot. No exceptions to the Intermediate Report have been filed by
any of the parties.
As to the results of the secret ballot, the Regional Director reported
as follows :
Total Number Eligible to Vote_____________________________ 119
Total Number of Ballots Cast_______________________________ 115
Total Number of Ballots Counted____________________________ 113
Total Number of Votes for Macaroni and Noodle Workers'
Local Industrial Union, No. 663, C. I. O____________________ 46
Total Number of Votes against Macaroni and Noodle Workers'
Local Industrial Union, No. 663, C. I. O__________________ 67
Total Number of Blank Ballots_____________________________ 1
Total Number of Void Ballots_______________________________ 1
Total Number of Challenged Votes___________________________ 0
The results of the election show that no collective bargaining
-representative has been selected by a majority of the employees of the
Company in the appropriate unit. The petition for investigation and
certification of representatives of employees of the Company will
therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is ordered that the. petition for investigation and certification of
-representatives of employees of A. Zerega's Sons, Inc., filed by
,Committee for Industrial Organization on behalf of the employees of
A. Zerega's Sons, Inc., be, and it hereby is, dismissed.