Interborough News Co.

National Labor Relations Board - Board Decisions

Dec 15, 1943

53 N.L.R.B. 1329 (N.L.R.B. 1943)

In the Matter of INTERBOBOUax NEWS COMPANY and BOOK & MAGA-
ZINE UNION, LOCAL 18, U. O. P. W. A.
Case No. 8-5713 (2-R-3963)
SUPPLEMENTAL DECISION
AND
ORDER
December 15, 1943
On August 9, 1943, the National Labor Relations Board issued a
Decision and Direction of Election in this proceeding ., On Septem-
ber 7 , 1943, pursuant to the Direction of Election, an election by
secret ballot was conducted under the direction and supervision of
the Regional Director for the Second Region (New York City).
Thereafter , on September 23, 1943, in accordance with the Rules and
Regulations of the Board, an Election Report was issued and served
upon- the parties . Objections to the conduct of the election were
filed by Book & Magazine Union, Local 18, U . O. P. W. A ., herein
called the Union, on September 29, 1943, and thereafter , on December
3, 1943, were withdrawn.
The Election Report shows that, of approximately 155 eligible
voters, 133 cast votes , of which 56 were for, and 65 against, the
Union. Ten ballots were challenged and 2 were blank. Since the
eligibility- of the challenged voters might affect the results of the
election , the Regional Director began an investigation of the chal-
lenges. Finn Maland was challenged by the Union on the ground
that he was a supervisor and assistant department head . Interborough
News Company , herein called the Company , admitted that Maland
was a supervisor and if clearly appeared that the inclusion of his
name on the list of eligible employees was an error. The Regional
Director recommended that the challenge of Maland be sustained
and that his ballot be declared invalid. In view of the disposition
made of Maland's vote , the Regional Director made no further in-
vestigation of the challenges . Neither of the parties objected to this
ruling and recommendation of the Regional Director . We find that
Finn Maland was not an eligible voter , and his ballot is hereby de-
151 N. L. R. B. 1169.
53 N. L. It. B, No. 241.
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1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Glared invalid . The other 9 challenged votes are not determinative
of the results of the election . It is unnecessary therefore to make
any finding with respect to their validity. Since no collective bar-
gaining representative has been selected by a majority of the em-
ployees of the Company in the unit heretofore found to be appropriate
for the purposes of collective bargaining , we shall dismiss the petition
for investigation and certification of representatives filed herein.
ORDER '
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of-the National Labor Rela-
tions Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3,
IT IS HEREBY ORDERED that the petition for investigation and certifi-,
cation of representatives of employees of Interborough News Com-
pany, New York City, filed herein by Book & Magazine Union, Local
18, U. O. P. W. A., be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Order.
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