L. A. Nut House

National Labor Relations Board - Board Decisions

Jul 22, 1938

8 N.L.R.B. 502 (N.L.R.B. 1938)

In the Matter of L. A. NUT HOUSE and UNITED CRACKER, BAKERY &
CONFECTIONERY WORKERS OF AMERICA
Case No. R-354
Nut, Fruit and Candy Packing and Processing Industry-Election Ordered:
run-off.
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
July 22, 1938.
On March 5, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case.' The Direction of Election directed that an
election be held within twenty (20) days from the date of the Direc-
tion, under the direction and supervision of the Regional Director
for the Twenty-first Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended, among the employees on the weekly pay roll preceding
the date of the Direction, employed by Ralph W. Gold and Sam
Gendel, a co-partnership, trading under the name and style of Los
Angeles Nut House, herein called the Firm, employed by said co-
partnership at the building occupied by it in the Central Market,
Los Angeles, California, including floor salesmen, but excluding the
office force, truck drivers, supervisory employees, salesmen who solicit
orders in the City of Los Angeles, and employees at the branch store
of said co-partnership, to determine whether they desired to be rep-
resented for the purposes of collective bargaining by United Cracker,
Bakery and Confectionery Workers of America, Local Industrial
Union No. 212, affiliated with the Committee for Industrial Organi-
zation, or by Produce Drivers and Employees Union, Local No. 630,
International Brotherhood of Teamsters, Chauffeurs, Stablemen and
Helpers, affiliated with the American Federation of Labor, or by
neither.
Pursuant to said Direction of Election, the Regional Director con-
ducted an election by secret ballot on March 23, 1938. Full oppor-
1 5 N. L. R B. 799.
8 N. L. R. B., No. 52.
502
DECISIONS AND ORDERS 503
tunity was accorded to all the parties to this investigation to par-
ticipate in the conduct of the secret ballot and to make challenges.
The said Regional Director, acting pursuant to Article III, Section 9,
of said Rules and Regulations, on March 25, 1938, issued an Inter-
mediate Report upon the election, and on March 31, 1938, issued and
duly served upon the parties an Amended Intermediate Report upon
the election. No objections or exceptions to the Amended Inter-
mediate Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible--------------------------------------- 46
Total number of ballots counted---------------------------- 43
Total number of votes for United Cracker, Bakery and Con-
fectionery Workers of America, Local Industrial Union No.
212 (C. I. O.)--------------------------------------------- 15
Total number of votes for Produce Drivers and Employees'
Union, Local No. 630, Intl. Brotherhood of Teamsters, Chauf-
feurs, Stablemen and Helpers (A. F. of L.) ---------------- 13
Total number of votes for neither---------------------------- 15
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged votes--------------------------- 2
A majority of the employees in the appropriate unit have indicated
their desire to bargain collectively with the Firm, although they have
accorded neither of the rival unions a majority. On July 11, 1938,
United Cracker, Bakery and Confectionery Workers of America,
Local Industrial Union No. 212, having received the greater number
of votes, made a request upon the Regional Director that a run-off
election be held. In accordance with our usual practice, when no
union obtains a majority, we will direct a run-off election, with only
the union receiving the higher number of votes on the ball Ot.2 The
Board finds that the question concerning representation can best be
resolved by a run-off election and will so direct.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Ralph W.
Gold and Sam Gendel, a co-partnership, trading under the name and
2 See Matter of Fedders Manufacturing Company and Lodge No. 1,153, Amalgamated
Association of Iron, Steel, and Tan Workers of North America , through the Steel Workers
Organizing Committee , 4 N. L. R . B. 770.
504 NATIONAL"LABOR RELATIONS BOARD
style of Los Angeles Nut House; Los Angeles, California, an election
by secret ballot shall be conducted within twenty (20) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Twenty-first 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 the
employees, who are on the weekly pay roll immediately preceding
March 5, 1938, employed by said co-partnership at the building
occupied by it in the Central Market, Los Angeles, California, in-
cluding floor salesmen, but excluding the office force, truck drivers,
supervisory employees, salesmen who solicit orders in the City of
Los Angeles, and employees at the branch store of said co-partner-
ship, and those who have since voluntarily quit or been discharged
for cause, to determine whether or not they desire to be represented
by United Cracker, Bakery and Confectionery Workers of America,
Local Industrial Union No. 212, affiliated with the Committee for
Industrial Organization, for the purposes of collective bargaining.
[SAME TITLE ]
AMENDMENT -TO DIRECTION OF ELECTION
August 11, 1938
On March 5, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding, the election to be held within twenty (20)
days from the date of the Direction, under the supervision of the
Regional Director for the Twenty-first Region: (Los Angeles, Cali-
fornia). Pursuant to said Direction of Election, the Regional Direc-
tor conducted an election by secret ballot on March 23, 1938. Neither
of the rival labor organizations on the ballot secured a majority of the
votes cast.
On July 22, 1938, the Board issued a Supplemental Decision and
Direction of Election, herein called the Second Direction. The Sec-
ond Direction directed that a run-off election be held within twenty
(20) days, with only the union which received the higher number
of votes-United Cracker, Bakery and Confectionery Workers of
America, Local Industrial Union No. 212, affiliated with the Commit-
tee for Industrial Organization-on the ballot.
The Board, having been advised that an election at this time would
not settle the question concerning representation which has arisen,
hereby amends the Second Direction by striking therefrom the words
"within twenty (20) days from the date of this Direction," and sub-
stituting therefor the words "at such time as the Board may in the
future direct."
8 N. L. R. B., No. 52a.