Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

May 11, 1942

40 N.L.R.B. 1252 (N.L.R.B. 1942)

In the Matter of ARMOUR AND COMPANY OF DELAWARE and UNITED
PACKINGHOUSE WORKERS OF AMERICA , LOCAL 81, C. I. O.
Case No. R-3750.-Decided May 11, 1942.
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 appro-
priate unit.-
Mr. Peter F. Curran, of New York City, for the Company.
Mr. James J. Stanton, of New York City, for the C. 1. 0.
Mr. George H. Gentitlies, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
\t Upon petition duly filed by United Packinghouse Workers of
America, Local 81, C I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Armour and Company of Delaware, herein called
the Company, engaged at Jersey City, New Jersey, in the operation
of a wholesale meat-distributing branch house, the National Labor
Relations Board provided for an appropriate hearing upon due
notice. On February 21, 1942, before a hearing was held, the Com-
pany, the C. I. O:, and the Regional Director for the Second Region
(New York City) entered into a "STIPULATION FOR CERTIFICATION ON
CONSENT ELECTION."
Pursuant to the Stipulation, an election by secret ballot was con-
ducted on February 26, 1942, under the direction and supervision of
the Regional Director, among all luggers, cutters, processing and
maintenance employees of the branch house located at 408 Henderson
Street, Jersey City, New Jersey,,, excluding shipping clerks, chauf-
feurs, office employees, and supervisory employees having the right
to hire and discharge, to determine whether 'or not they desired to
be represented by the C. I. O. On February 28, 1942, the Regional
Director issued and duly served upon the parties an Election Report
on the ballot. Objections to the Election Report were filed, but later
withdrawn, by the C. I. O.
40 N. L. R. B., No. 222.
1252
ARMOUR AND COMPANY 1253
In her Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list------------------------------------- 7
Total ballots cast------------------------------------------ 7
Total ballots challenged ----------------------------------- none
Total blank ballots---------------------------------------- none
Total void ballots----------------------------------------- none
Total valid votes counted---------------------------------- 7
Votes cast for United Packinghouse Workers of America,
Local 81; C. I. 0----------------------------------------- 3
Votes cast against United Packinghouse Workers of America,
Local 81, C. 1. 0----------------------------------------- 4
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees of the
Company in the unit heretofore stipulated to be appropriate for
collective bargaining. We shall therefore dismiss the petition for
investigation and certification of representatives of employees of the
Company.
ORDER
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 HERESY ORDERED that the petition for investigation and certifi-,
cation of representatives of employees of Armour and Company of
Delaware, Jersey City, New Jersey, filed by United, Packinghouse
Workers of America, Local 81, C. I. 0., be, and it hereby is, dismissed.