Diamond Match Co.

National Labor Relations Board - Board DecisionsSep 12, 1942

43 N.L.R.B. 1343 (N.L.R.B. 1942)

In the Matter of DIAMOND MATCH COMPANY, MATCH DIVISION, and FEDERAL LABOR UNION MATCHMAKERS LOCAL 23176, A. F. L., Case No. R-4f31.-Decided September 12,;1942, Practice ' and' Procedure : petition dasimssed where results of an election, held pursuant to 'a stipulation for certification- upon consent election, showed that no representative had been' selected by a majority of the employees in the appropriate unit. Mrs. Alice M. Rosseter, for,the Board. - Mr. C. L. P fersch, of Chico, Calif., for the Company. Mr. C; F. Daley, of Vallejo, Calif., for the Union. Mr. J: Benson Saks, of counsel to the Board. DECISION AND , ORDER STATEMENT OF THE CASE On August 10, 1942, Federal Labor, Union Matchmakers Local 23176,`,affiliated with the American Federation of Labor, herein called the Union, filed. with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Diamond Match Company, herein called the Company, engaged in the manufacture of matches at Chico, California, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 13, 1942, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERT1FI-, CATION UPON CONSENT ELECTION." On August 15, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. Pursuant to the stipulation, an' election by secret ballot was con- ducted on August 21, 1942, under the direction and supervision of the 43 N. L. R. B., No. 207. 1343 1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director, among all office employees of the Company in its Match Division at Chico, California, who were employed by the Company during the pay-roll period immediately preceding July 25, 1942, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding executives, and the office manager, to determine whether or not they desire to be represented by the Union. On August 24, 1942 , the Regional Director issued and duly- served upon the parties her Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In her Election Report the Regional Director reported as follows concerning the balloting and its results : Total number eligible to vote---- ------------------------------ 3 Number of votes for Federal Labor Union Matchmakers Local #23176, A. F. L -------------------------------------------- 0 Number of votes against Federal Labor Union Matchmakers Local #23176, A. F. L.-------------------------------------------- 2 Total number of votes counted --------------------------------- 2 Number of blank ballots-------------------------------------- 0 Number of void ballots---------------------------------------- 0 Number of challenged ballots---------------------------------- 0 The results of the election show that no collective bargaining repre- sentative has been selected by a majority'of employees in the appropri- ate unit. The Union's petition for investigation and certification, of representations will therefore be dismissed. ORDER By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of the office employees of Diamond Match Company, Match Division, Chico, California, filed by Federah Labor - Union Matchmakers Local 23176, A. F. L., be, and it hereby is, dismissed.