Marks Products Co. Inc.

National Labor Relations Board - Board DecisionsNov 25, 1941

36 N.L.R.B. 1254 (N.L.R.B. 1941)

I n the Matter of MARKS PRODUCTS Co. INC. and UN ION OF FACTORY EMPLOYEES OF MARKS PRODUCTS CO. INC. Case No. R-2163 SUPPLEMENTAL DECISION AND ORDER November Z5,19411 On December 5, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above -entitled proceeding .' Pursuant thereto en election by secret ballot was conducted under the direction and supervision of the Regional Director for the Second Region (New York City). No further action was taken in the case, however , pending a deterinina- tion of the issues presented in the proceedings , theretofore com- menced, referred to in the following paragraph . The ballots in the above -mentioned election were impounded by the Regional Director and no Election Report was issued. On October 9, 1941, the Board issued its Decision and Order, find- ing the Union of Factory Employees of Marks Products Co. Inc., the petitioner in the above-entitled proceeding , to be a company-donu- nated organization. In view of our finding that Union of Factory Employees of Marks Products Co. Inc. is a company -dominated organization , we shall set the election aside. Moreover , in view of the fact that that organiza- tion was the petitioner in the above -entitled case, we shall dismiss the petition upon which the proceeding is based. 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, 1 28 N. L. R. B, No. 56. 3 35 N L R B , No. 220 36 N. L. R. B, No. 252. 1254 MARKS PRODUCTS CO. INC. 1255 IT IS HEREBY ORDERED that the election among employees of Marks, Products Co. Inc., Brooklyn, New York, be, and it hereby is, vacated and set aside ; AND IT IS FURTHER ORDERED that the petition for investigation and certification of representatives of employees of Marks Products Co. Inc.,' Brooklyn, New York, filed by Union of Factory Employees of Marks Products Co. Inc., be, and it hereby is, dismissed. MR. GERARD D. REILLY took no part in the consideration of the above Supplemental Decision and Order.