Armour and Co. of Delaware

National Labor Relations Board - Board Decisions

Nov 27, 1940

28 N.L.R.B. 152 (N.L.R.B. 1940)

In the Matter of ARMOUR AND COMPANY OF DELAWARE and FEDERAL
LOCAL UNION No. 21088 OF THE AMERICAN .FEDERATION OF LABOR
Case No. R-1949
SUPPLEMENTAL DECISION
AND
ORDER
November 27 , 1946
On August 23, 1940 , the National Labor Relations Board , herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding .' Pursuant to the Direction of Election,
an election by secret ballot was conducted on September 19, 1940,
under the direction and supervision of the Regional Director for
the Second Region (New York City ). On October 31, 1940, the
Board issued a Supplemental Decision and Direction 2, Pursuant
to the Supplemental Decision and Direction , the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended , issued
and duly served upon the parties a Supplemental Election Report.
No objections to the Supplemental Election Report have been filed
by any of the parties.
As to the balloting and its results , the Regional Director reported
as follows :
Total number eligible to vote_____________------------------------------ __ 287
Total number of ballots cast --------- __--------------------- 263,
Total number of valid ballots --------------------------------
Total number of votes in favor of Federal Local Union No.
256
21088 of the American Federation of Labor________________ 128
Total number of votes in favor of United Protective Associa-
tion of Armour Soap Works Employees, Inc---------------- 125
Total number of votes in favor of neither union_____________ 3
Total number of blank votes -------------------------------- 0
Total number of void ballots________________________________ 0
Total number of challenged ballots not considered valid by
the Board and therefore not opened and counted----------- 7
126 N. L R . B. 1046.
9 27 N. L. R. B. 1193.
28 N. L. R. B., No. 25.
152
I
ARMOUR AND COMPANY OF DELAWARE 153
In view of the fact that none of the three preferences on the ballot
received a majority of the ballots cast in the election and that the
Federal Local Union No. 21088 of the American Federation of Labor
received a plurality of the ballots cast, the labor organizations in-
volved were advised of their right to request, within 5 days from
the receipt of the Supplemental Election Report, that the Board
direct a run-off election. No such request was made of the Board.
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees within
an appropriate unit. The petition of the" Federal Local Union No.
21088 of the American Federation of Labor, for investigation and
certification of representatives of employees of Armour and Com-
pany of Delaware, 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 Na-'
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Armour and Company.
of Delaware, North Bergen, New Jersey, filed by Federal Local
Union No. 21088 of the American Federation of Labor, be, and it
hereby is,-dismissed.
CHAIRMAN HARRY A. MH.LIs took no part in the consideration of
the above Supplemental Decision and Order.