E. P. Dutton & Co., Inc.

National Labor Relations Board - Board Decisions

Sep 19, 1941

35 N.L.R.B. 577 (N.L.R.B. 1941)

In the Matter of E. P. DUTTON & Co., INC. and BOOK AND MAGAZINE
GUILD, LOCAL 18, U. O. P. W. A. (C. I. 0.)
Case ' No. R-0585
SUPPLEMENTAL DECISION
AND
ORDER
September 19, 19411
On July 24, 1941, the National Labor Relations Board issued a
Decision, Direction of Election and Order in the above-entitled
proceeding." Pursuant to the Direction of Election, an election by
secret ballot was conducted on August 5, 1941, under the direction
and supervision, of the Regional. Director for the Second Region
(New York City). On August 13, 1941, 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 an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number of employees eligible to vote_________________ 61
Total number of ballots cast______________________________ 61
Total number of valid ballots___________________________ GO
Total number of votes in favor of Book and Magazine Guild,
Local 18, U. O. P. W A. (C. I. 0 ) -------------------- 16
Total number of votes in favor of American Federation of
Office Employees, Federal Local 20940, A. F. of L_________ 0
Total number of votes in favor of neither union____________ 44
Total number of blank ballots_____________________________ 1
Total number of void ballots______________________________ 0
Total number of challenged ballots ------------------------- 0
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees of
E. P. Dutton & Co., Inc., New York City, in the unit heretofore
found to be-appropriate for collective bargaining. The petition for
133 N. L . R. B. 761•
35 N. L. R. B., No. 128.
577
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
investigation and certification of representatives 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, 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 HFREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of E. P. Dutton & Co.,
Inc., New York City, filed by Book and Magazine Guild, Local 18,
U. O. P. W. A.- (C. I. 0.), be and it hereby is dismissed.
2 Case No. R-2586, arising from a similar petition filed by the American Federation of
Labor in respect to employees of the Company , was previously consolidated with this pro-
ceeding. At the hearing on the consolidated cases the Federation moved for the dismissal
of its petition . This motion was granted by the Board in the Decision , Direction of Elec-
tion and Order heretofore issued in this proceeding , and, accordingly , Case No. R-2586
was therein closed by the Order of the Board.