Gold & Baker

National Labor Relations Board - Board Decisions

Mar 18, 1944

55 N.L.R.B. 591 (N.L.R.B. 1944)

In the Matter of BERNARD GOLD AND JACK WASSERMAN , CO-PARTNERS
DOING BUSINESS UNDER THE NAME OF GOLD & BAKER, and WHOLESALE
AND W17AREIIOUSE WORKERS UNION, LOCAL 65, C. I. O.
Case No. R-5899 (2-R--3943)
ORDER SETTING ASIDE DISMISSAL OF PETITION
AND
SECOND DIRECTION OF ELECTION
March 18, 1944
On October 25, 1943, 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 November 24, 1943, under the direction and super-
vision of the Regional Director for the Second Region,(New York
City), among employees of Bernard Gold and Jack Wasserman, co-
partners doing business under the name of Gold & Baker, New York
City, herein called the Company. There were approximately two
employees eligible to vote in the election. Only one employee voted.
He cast his ballot for Wholesale and Warehouse Workers Union,
Local 65, C. I. 0., herein called the C. I. 0., the petitioner herein.
On January 26, 1944, the Board issued a Supplemental Decision and
Order,2 finding that the balloting failed to result in a representative
vote and dismissing the petition without prejudice.
On February 7, 1944, the C. I. O. filed a motion for reconsideration
of the Board's Supplemental Decision and Order, requesting that the
Board rescind its order dismissing the petition and direct that a new
election be held. In support of its motion the C. I. O. alleged that
the two eligible voters were both members of the C. I. O.; that one
of them was ill and in the hospital on election day; and that he was
unable to cast a ballot for that reason. On February 14, 1944, the
Board, having duly considered the matter, issued and served upon
the parties notice, that the Board would grant the motion unless ob-
jections thereto, and written arguments in support thereof, were filed
on or before February 21, 1944. Time for filing objections was there-
153 N. L. R. B. 53.
s 54 N. L. R. B. 869.
55 N. L. R. B., No. 107.
591
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
after extended to March 1, 1944. No objections to the motion have
been filed by any of the parties.
The Board hereby orders that the case be, and it hereby is, reopened
and that the order dismissing the petition, issued on January 26, 1944,
be, and it hereby is, set aside. We shall direct that a second election
be conducted among employees of the Company in the unit heretofore
found to be appropriate for collective bargaining who were employed
during the pay-roll period immediately preceding the date of the
Second-Direction of Election, subject to the limitations and additions
set forth in the Second Direction.3
SECOND DIRECTION OF 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, and pursuant to Article III, Section 9, of National Labor' Rela-
tions Board Rules and Regulations, Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bernard Gold
and Jack Wasserman, co-partners doing business under the name of
Gold & Baker, New York City, an election by secret ballot shall be
conducted as early as possible but not later than thirty (30) days
from the date of this Second Direction of Election, under the direc-
tion and supervision of the Regional Director for the Second Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among all employees of the Company in the unit heretofore
found to be appropriate for collective bargaining, who were employed
during the pay-roll period immediately preceding the date of this
Second Direction, including employees who chd not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by Wholesale and Ware-
house Workers Union, Local 65, C. I. 0., or by Joint Board of
Millinery Workers Union, Local 90, A. F. of L., for the purposes
of collective bargaining, or by neither.
Matter of S. A. Kendall, Jr., et al, 41 N . L. R. B. 395.