Dorset Foods Ltd.

National Labor Relations Board - Board Decisions

Aug 19, 1942

43 N.L.R.B. 390 (N.L.R.B. 1942)

In the Matter of DORSET FOODS LTD. and WHOLESALE AND WAREHOUSE
WORKERS' UNION, LOCAL 65, C. I. 0.
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, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
August 19, 19^
On April 16 and July 18,, 1942, respectively, the Board issued a
Decision and Direction of Election 1 and a Supplemental Decision and
Direction,2 in the above-entitled proceedings. Having opened and
counted certain challenged ballots, pursuant to the Supplemental De-
cision and Direction, the Regional Director for the Second Region
(New York City) on July 31, 1942, issued a Supplemental Election
Report.
'As to the results of the balloting, the Regional Director reported as
-follows :- '
Total on eligibility list------------------------------------- 87
Total ballots cast------------------------------------------ 86
Total ballots chi.llenged------------------------------------- 6
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid votes counted------------------------------------ 80
Votes cast for Wholesale & Warehouse Workers Union, Local 65,
C. I. 0--------------------------------------------------- 41
Votes cast for Pickle Workers, Condiment & Food Packers Union,
Affiliated with C T. L. C. of A F. of L. and U. H. T---------- 37
Votes cast for Neither Union--------------------------------- 2
1 40 N. L. R B 609
2 42 N L. R B 618
e In its Supplemental Decision and Direction of July 18, 1942, the Board held that the
challenges to these six ballots should be sustained as these employees,,N erernot eligible to
'vote.
43 N L. R. B., No. 66.
390
DORSET FOODS LTD. - 391
On August ' 5, 1942, Dorset Foods , Ltd., herein called the Company,
and Pickle Workers, Condiment & Food Packers Union, affiliated with
C.T. L. C. of A. F. of, L. and U. H. T.; Local 124, herein called the
A. F. of L., excepted to the Supplemental , Election Report. Both the
Company and the A. F. of L. urge that we should not certify the
C. I. O.,-on the grounds inter alit that since the date of the election
there has been a substantial reduction in the number of the Company's
employees and that a majority of the present employees now desire
representation by the A. F. of L. *On August 7 the A. F. of L. also
filed' a petition requesting that the Board certify the A . F. of L. on
the basis of an attached affidavit, stating that the 21 signers are pres-
ently employed by the Company and wish to be represented by the
A. F. of L., or, in the alternative , that the proceedings be reopened for
further investigation . The results of a free, secret ballot, election
must normally be given conc lusive effect for a reasonable period if
the statutory scheme for the ascertainment of representatives and for
the effectuation of 'collective bargaining is to be operative . 4 Accord-
ingly, the Company 's and the A. F. of L.'s objections are hereby
overruled and the petition of the A. F. of L . denied.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 (c) of the National Labor Relations
Act, 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 Wholesale & Warehouse Workers Union,
Local 65, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of the employees of Dorset
Foods , Ltd., New York City , including office and maintenance employ-
ees but excluding supervisory and sales employees , as their representa-
tive for collective bargaining , and that, pursuant to Section 9 (a) of
the National Labor Relations Act, Wholesale & Warehouse Workers
Union, Local 65, affiliated , with the Congress of Industrial Organiza-
tions, is the exclusive representative of all sucli employees for the pur-
poses, of collective bargaining with respect to rates of pay, wages, hours
of employment , and other conditions of employment.
CHAIRMAN MILLIS took no part iii ' the consideration of the above
Supplemental Decision.and Certification of Representatives.
4 See Matter of Botany Worsted Mills and Temtile Workers Union of America, 0 1 O,
41 N L R. B. 218.
C,