Emge and Sons

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 574 (N.L.R.B. 1942)

In the Matter Of PETER EMGE, BARBARA EMGE, OSCAR EMGE, THERESA
EMGE, RALPH EMGE, CONRAD L. ELPERS, CHRISTINA ELPERS, URBAN
P. REISING AND ALMA REISING, DOING BUSINESS AS EMGE AND SONS
and AMALGAMATED MEAT CUTTERS AND BUTCHER WORKMEN OF
NORTH AMERICA, LOCAL No. 237,' AFFILIATED WITH THE A. F. OF L:
Case No. K-4082
SUPPLEMENTAL DECISION
AND
DIRECTION OF RUN-OFF ELECTION
September 08, 1942
On August 17, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.,
Pursuant to the Direction of Election, an election by secret ballot was
conducted on September 4, 1942, under the direction and supervision
of the Regional Director for the Eleventh Region (Indianapolis, In-
diana). On September 12,1942, the Regional Director, acting pursuant
to"Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Seiies 2, as amended, issued and duly served upon the
parties an Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list______________________________________ 393`
Total ballots cast------------------------------------------- 355
Total ballots challenged_____________________________________ -5
Total blank ballots ----------- ------------------------------- 0
Total void ballots ---------ba lots -----------------------------------
Total
------- --------
valid votes counted____________________________________ 350
Votes cast for Packinghouse Workers Organizing Committde'
Local No. 172, (C. I. 0 ) ----------------------------------- 174
Votes cast for Amalgamated Meat Cutters and Butcher Work-
men of North America, Local No. 237 (A. F. of•L.)---------- 40
Votes cast for Neither_________________ 136--------------
The Regional Director, in his Election Report, recommended that
the challenges of three persons, Carl Fowler, Mary Keeker, and Vir-
ginia Mcllree, be sustained, and made no ruling on the two remaining
343 N. L. R. B. 273.
44 N. L. R. B., No. 106.
574
EMGE AND SONS 575,
challenged ballots since they could not change the result of the elec-
tion. He also recommended that a run-off election be held, Packing-
house Workers Organizing Committee, Local No. 172, affiliated with
the C. J. 0., having on September 5, 1942, requested that such an
election be held.
On September 19, 1942, the Company filed with the Regional
Director "Objections to Election Report" in which it -objected to the
recommendation that a run-off election be held, unless provision was
made on the ballot in such run-off election for voting against either
union or any union.
The Board has examined and hereby adopts the recommendations
of the Regional Director with respect to'the challenges. Carl Fow-
ler, Mary Keeker, and Virginia Mcllree were ineligible to vote and
their ballots are declared invalid. The results of the election show
that, although neither union polled a majority of the valid ballots
cast, a substantial majority of the employees in question desires to-
bargain collectively with the Company. Accordingly, we shall direct
a run-off election in which such employees will be given an oppor-
tunity to decide whether they desire to be represented by Packing-
house Workers Organizing Committee, Local No. 172, affiliated with
the C. I. 0., or by Amalgamated Meat Cutters and Butcher Work-
men of North America, Local No. 237, affiliated with the A. F. of L.,.
for the purposes of collective bargaining. We find no merit in the
'objections of, the Company to the, Election Report.
DIRECTION OF RUN-OFF ELECTION
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 hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Peter Emge,
Barbara ' Eni e, Oscar Emge, Theresa Emge, Ralph Emge, Conrad'
L. Elpers, Christina Elpers, Urban P. Reising and Alma Reising,
doing business as Emge and Sons, Fort Branch, Indiana, an election
by secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction of Run-off
Election, under the 'direction and supervision of the Regional Di-
rector for the Eleventh Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III,.
Section 9, of said Rules and Regulations, among all production and
maintenance employees of the Company, excluding supervisory and
576 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
clerical employees, salesmen , and casual labor employed as hide
shakers, who were eligible to vote in the election conducted pursuant
to the Direction of Election issued on August 17, 1942, but excluding
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by Packinghouse 'Workers
Organizing Committee, Local No. 172, affiliated with the C. I. 0.,
or by Amalgariiated Meat Cutters and Butcher Workmen of North
America, Local No. 237, affiliated with the A. F. of L., for the
purposes of collective bargaining.