Dorset Foods Ltd.

National Labor Relations Board - Board Decisions

Jul 18, 1942

42 N.L.R.B. 618 (N.L.R.B. 1942)

In the Matter of DORSET FOODS LTD and WHOLESALE AND WAREHOUSE
WORKERS UNION, LOCAL 65, C I. O.
In the Matter of DORSET FOODS, LTD and UNITED WHOLESALE & WARE-
HOUSE EMPLOYEES UNION, LOCAL 65, C. I O. and PICKLE WORKERS,
CONDIMENT & FOOD PACKERS UNION, AFFILIATED WITH C. T. L. C OF
- A. F. OF L . AND U . H. T., LOCAL 124.
Cases Nos . R-3635 and R-3636
SUPPLEMENTAL DECISION
AND
DIRECTION
July 18, 194
On April 16, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings i Pursuant to the Direction of Election, an
election by secret ballot was conducted on April 23, 1942, under the
direction and supervision of the Regional Director for the Second
Region (New York City) _ On May 28, 1942, the said Regional Di-
rector, 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 the results thereof, the Regional Director
reported as follows :
Total Number Eligible to Vote------ ------------------------ 87
Total Number of Ballots Cast ---------------------------------------- 86
Total Number of Valid Ballots ------------------------------ 71
Total Number of Votes in favor of Wholesale & Warehouse
Workers Union, Local 65, C I 0---------------------------- 39
Total Number of Votes in favor of Pickle Workeis, Condiment
& Food Packers Union, C T L C of A F of L and U H T,
Local 124------------------------------------------------- 31
Total Number of Votes cast for Neither Union-------------- 1
Total Number of Blank Votes------------------------------- 0
Total Number of Void Ballots------------------------------- 0
Total Number of Challenged Votes-------------------------- 15
Since the results of the election necessitated a determination of
the validity of the challenged votes, the Regional Director included in
1 40 N L R B 609
42 N L R B , No 125.-
618
DORSET FOODS LTD. 619
the Election Report certain facts and recommendations as to the
challenged ballots The Regional Director i ecomn'iended that the
challenges to the ballots of Pura Alonso, Madeleine Fader, Celia
Hirsch, and Mercedes Guera, be sustained and their votes not counted,
and that the challenges to the ballots of Milton Prawl, Floyd Sheldon,
Roger Nunez, Amanda Hill, and Raye Atlas be overruled and their
votes counted. No objections to these recommendations were filed by
any of the parties, and the recommendations of the Regional Director
as to these nine challenges are hereby accepted by the Board The
Regional Director also recommended that the challenges to the ballots
of Irene Gimbelain, Ruth O'Mara,2 L LaDuke, and Marguerite
Guinn, be sustained and their votes not counted, and that the chal-
lenges to the ballots of Fay Fabino and Mary Despotovich be over-
ruled and their votes counted Objections to the Regional Director's
recommendations as to these six challenges 3 as well as to other matters
pertaining to the election were thereafter filed by Dorset Foods, Ltd,
and by Pickle Workers, Condiments & Food Packers Union, Local 124,
A F of L.
On July 7, 1942, the said Regional Director issued a Report on
Objections to Election Report affirming her original recommendations
as'to the six challenged ballots last mentioned above and finding no
merit to the other objections made to the election The Board, hav-
ing fully considered the facts as set forth in the reports and the ob-
jections hereby accepts the Regional Directoi's recommendations and
findings except as to the challenges to the ballots of Ruth O'Mara
and Ii ene Gimbelain
Ruth O'Mara -Statements furnished by O'Mara and the Company
establish that, while previously engaged primarily as a demonstrator,
since January 1942, O'Mara has spent a major portion of her time as an
office employee and only a small portion of her time in selling.' Al-
though this change in duties was occasioned by the reduction of
operations resulting from the, tin shortage, it cannot be said nor is
it established that this change is so temporary that O'Mara does not
have a sufficient interest to entitle her to participate in the selection
of a baigaining representative for office employees Accoidingly we
do not accept the recommendation of the Regional Director and shall
direct that O'Mara's vote be counted
Irene Gzm,belain -A statement furnished by the Company asserts
that on April 13, 1942, 10 days before the election, Gimbelain asked for
and received a leave of absence The Regional Director's recom-
2 Variously designated as Ruth O'Hara and Ruth O 'Mara in the reports and objections.
2 The A F of L objected to the recommendations as to all six, the Company objected
to all except the recommendation as to Mary Despoto ich
4 The unit found appropiiate by the Board included office employees but excluded sales-
men
620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mendation that Gimbelain's vote not be counted is predicated upon a
statement made by Gimbelain's sister on June 17, 1942, to the effect that
Gimbelain had "quit" and had no intention of retuining to work for
the Company Since the statement of Gimbelaui's sistei is not in-
consistent with the Company's contention that at the time of the elec-
tion, Gimbelain was on leave of absence, we do not accept the recom-
mendation of the Regional Dii ector and -%w ill dii ect that Gimbelain's
vote be counted
The Board has consideied the other matteis raised by the objections
and finds them to be without meiit.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Boaid by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat 449, and puisuant to Aiticle III, Sections 8 and 9,
of National Laboi Relations Boaid Rules and Regulations--Series 2,
as amended, it is heieby
DIRECTED that, as part of the investigation authoiized by the Board
to ascertain i epi esentatives foi the puiposes of collective bargaining
with Dorset Foods, Ltd, New York City, the Regional Director for
the Second Region (New Yoik City) shall, puisuant to said Rules
and Regulations, and subject Aiticle III, Section 9, thereof, within
10 days from the date of this Direction, open and count the ballots of
Milton Prawl. Floyd Sheldon, Roger Nunez, Amanda Hill, Raye Atlas,
Fay Fabino, Mary Despotovich, Ruth O'Maia (or O'Hara), and Iiene
Gimbelain, and shall thereafter piepaie and cause to be served upon the
parties a Supplemental Election Report embodying her findings
theiem and recommendations as to the results of the balloting
MR GERARD D REILLY took no part in the consideration of the above
Supplemental Decision and Direction.