Edwards and Co., Inc.

National Labor Relations Board - Board Decisions

Sep 8, 1941

35 N.L.R.B. 297 (N.L.R.B. 1941)

In the Matter of EDWARDS AND COMPANY, INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, AFFILIATED WITH THE AMERI-
CAN FEDERATION OF LABOR
Case No. R-2933-Decided September 8,1941
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election, show that no
representative has been selected by a majority of the employees in the appro-
priate unit.
Mrs. Elinore M. Herrick , for the Board.
Mr. Henry Clifton, Jr., for the Company.
Mr. Francis X. Moore, of West Hartford , Conn ., and Mr. William
Steinmiller , for the Union.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 2,1941, International Brotherhood of Electrical Workers,
affiliated with the American Federation of Labor, herein called the
Union, filed with the Regional Director for the Second Region (New
York City) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Edwards and
Company, Inc., herein called the Company, engaged in the manufac-
ture, sale, and distribution of electrical devices at Norwalk, Connecti-
cut, and requesting an investigation and certification of representa-
tives, pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On August 8, 1941, 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. On Au-
gust 5, 1941, the Company, the Union, and the Regional Director en-
tered into a "STIPULATION FOR CERTIFICATION OF REPRE-
SENTATIVES UPON CONSENT ELECTION."
35 N L. R B, No. 58.
i
297
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 14, 1941, under the direction and supervision of
the Regional Director among all production and maintenance em-
ployees of the Company, excluding supervisory and office employees,
to determine whether or not they desired to be represented by the
Union.
On August 18, 1941, 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______________________________ 272
Total number of ballots cast ------------------------------- 264
Total number of valid ballots______________________________ 263
Total number of votes in favor of International Brotherhood of
Electrical Workers, A. F. of L___________________________ 102
Total number of votes against aforementioned union-------- 161
Total number of blank votes______________________________ 1
Total number of void ballots_______________________________ 0
Total number of challenged votes___________________________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees. The peti-
tion for investigation and certification of representatives of employees
of Edwards and Company, Inc., Norwalk, Connecticut, 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 certifica-
tion of representatives of employees of Edwards and Company, Inc.,
Norwalk, Connecticut, filed by International Brotherhood of Electrical
Workers, affiliated with the American Federation of Labor, be, and it
hereby is, dismissed.