Berkowitz Envelope Co.

National Labor Relations Board - Board Decisions

Apr 3, 1942

40 N.L.R.B. 161 (N.L.R.B. 1942)

In the Matter of BERKOWITZ ENVELOPE COMPANY and,; INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS , LOCAL UNION No. 109, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of BERKOWITZ ENVELOPE COMPANY, and.INTERNATIONAL
PRINTING PRESSMEN AND ASSISTANTS OF NORTH AMERICA, LOCAL
UNIONS NOS. 16 AND 20, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR - ^
In the Matter of BERKOWITZ ENVELOPE COIrPANY aind`INTERNATIONA1
TYPOGRAPHICAL UNION, LOCAL UNION NO. 80
In the Matter of BERKOWITZ ENVELOPE COMPANY and THE ASSOCIATION
OF, EMPLOYEES OF BERKOwrrz ENVELOPE COMPANY
Cases Nos. R-3305 to R-3308 Inclusive and Respectively,,
SUPPLEMENTAL. DECISION •
AND ''
DIRECTION. .
April 3,194 ' .
On February 4„ 1942,, the-National Labor Rdlations, Board issued
its Decision and Direction of Election.' in the above-entitled, proceed-
On February 16,;1942, the Board issued an Amendment to the
Direction of tle,ction.2 -Pursuant to. 'the Direction of Election, as
amended, Ian-election by secret ballot was conducted on February. 27,
1942, under the direction and supervision of the Regional Director
for the Seventeenth Region (Kansas City, Missouri). On March 3,
1942, the Regional Director, acting pursuant to Article III, Section
9, of, National Labor Relations Board, Rules and Regulations-Series
2, as amended, issued and duly served upon the parties an. Election
Report.
As to the balloting and its results, the Regional Director reported
as follows : I -
Total on eligibility list------------------------------------- 112
Total ballots cast------------------------------------------- 107
Total ballots challenged------------------------------------- 6
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 1
Total valid votes counted------------------,------------------ 100
Votes cast for Allied Printing Trades------------------------ - 47
Votes cast for Association of Employees of Berkowitz
Envelope Company---------------------------------------- 51
Votes cast for neither --------------------------------------- 2
138 N. L . R. B. 914.
2 38 N. L . R B 921.
40 N. L. R. B., No. 22
455771-42-vol 40 -11
161
-
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his Election Report the Regional Director recommended that
four of the six challenged ballots should not be counted, and that two
should be counted.
On March 8, 1942, International Printing Pressmen and Assist-
ants of North America, Local Unions Nos., 16 and 20, *and Inter-
national Brotherhood of Bookbinders, Local Union No. 109, who
participated in the election under the name Allied Printing Trades,
filed with the Regional Director Objections to Conduct of Ballot and
Election Report. On March 17, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued- and duly
served upon the parties a Report on Objections of the above-men-
tioned unions to the Conduct of the Ballot and the Election Report.
In his Report on Objections, the Regional Director found that the
objections raised no substantial issue. We have fully considered
the Election Report, the Objections to the Conduct of the Ballot and
the Election Report, and the Regional Director's report thereon. We
find that the Objections raise no substantial or material issues with
regard to the conduct of the election or the Election Report, and
we hereby overrule such Objections.
We further find that the Regional Director's rulings on the chal-
lenged ballots should be sustained. Since the results of the- election
may be affected by the two challenged ballots which the Regional
Director recommended should be counted, we shall direct that they 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 Berkowitz Envelope Company, Kansas City, Missouri, the Re-
gional Director for the Seventeenth Region (Kansas City, Missouri)
shall, pursuant to the Rules and Regulations of the Board set forth
above, and subject to Article III, Section 9, of said Rules and Regu-
lations, within ten (10) days from the date of this Direction, open
and count the ballots of C. W. Hodgen and C. L. Tompkins, and
shall thereafter prepare and cause to be served upon the parties in
this case a Supplemental Election Report embodying his findings
therein and his recommendations as to the results of the secret ballot.
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
BROTHERHOOD OF BOOKBINDERS , LOCAL UNION No. 109, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
PRINTING PRESSMEN AND ASSISTANTS OF NORTH AMERICA, LOCAL
UNIONS Nos. 16 AND 20, AFFILIATED WITH THE AMERICAN FEDERATION
OF LABOR
In the Matter of BERKOWITZ ENVELOPE COMPANY and INTERNATIONAL
TYPOGRAPHICAL UNION, LOCAL UNION No. 80
In the Matter of BERKOWITZ ENVELOPE COMPANY and THE Asso-
CIATION OF EMPLOYEES OF BERKOWITZ ENVELOPE COMPANY
Cases Nos. R-3305 to R-3308, inclusive, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 24, 1942
On February 4, 1942, the National Labor Relations Board issued
its Decision and Direction .of Election 1 in the above-entitled pro-
ceeding. On February 16, 1942, the Board issued an Amendment to
the Direction of Election.2 Pursuant to the Direction of Election,
as amended, an election by secret ballot was conducted on February,
27, 1942, under the direction and supervision of the Regional Director
for the Seventeenth Region (Kansas City, Missouri). On March 3,
1942, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, issued and duly served upon the parties an Election
Report. On April 3, 1942, the Board issued a Supplemental Decision
and Direction 3 in which it ruled on Objections to Conduct of
Ballot and Election Report filed by International Printing Pressmen
and Assistants of North America, Local Unions Nos. 16 and 20, and
1 38 N L R. B. 914.
2 38 N. L R . B. 921.
3 40 N . L. R. B. 161.
40 N. L. R B., No. 22a.
163 -
164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International Brotherhood of Bookbinders, Local Union No. 109,
who participated in the election under the name Allied Printing
Trades, and directed that two of the ballots 'which were challenged
should be opened and counted. After complying with the direction,
the Regional Director on April 13, 1942, issued and duly served upon
the parties a Supplemental Election Report. -Since the issuing of
such Supplemental Election Report no objections to the conduct
of the- ballot or to the Election Report have been filed by any, of, the
parties.
As to the balloting and its-results, the Regional Director in, the
Supplemental Election Report set forth the following :
Total on eligibility list ---------------------- \--------------- 112
Total ballots cast------------------------------------------- 107
Total ballots challenged------------------------------------ ' 4
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 1
Total valid votes counted- ---------------------------------- 11 102
Votes, cast for Allied Printing Trades------------------------ 48
Votes cast for Association of Employees of Berkowitz Envelope
Company------------------------------------------------ 52
Votes cast for NEITHER'----------------------------------- 2
CERTIFICATION OF REPRESENTATIVES
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-CERTIFIED that The Association of Employees of Berko-
witz Envelope, Company has been designated and selected, by a. ma-
jority of all production employees of Berkowitz Envelope Company
employed at its Kansas: City plant, including foremen, -the truck
driver,, and the electrician, but excluding maintenance men, office em-.
ployees, and; supervisory employees whose rank is higher than' that of
foreman as their representative for the purposes of collective bar
gaining, and that, pursuant to. the provisions of Section 9 (a) of the
National Labor Relations Act, The Association of Employees of
Berkowitz Envelope Company is the exclusive representative of all,
such employees, for the purposes; of. collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions. of
employment. ,
* In the supplemental Decision and Direction, 40 N. L. R. B., No. 22, the Board sustained
the challenges
, The two ballots which the Board ordered opened are included in the total of valid
votes