National Candy Co., Inc.

National Labor Relations Board - Board Decisions

Oct 6, 1938

9 N.L.R.B. 56 (N.L.R.B. 1938)

In the Matter of NATIONAL CANDY COMPANY, INC., VERIBRITE FACTORY
and LOCAL 351 CANDY WORKERS, AFFILIATED WITH BAKERY AND
CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA (A. F.
OF L. AFFIL.)
Case No. R-753
SUPPLEMENTAL DECISION
AND
ORDER
October 6, 1938
On June 27, 1938, the National Labor Relations Board,. herein,
called the Board, issued a Decision and'Direction'of Election -in the
above-entitled proceeding. On July 13, 1938, the Board issued an
Amendment to Direction of Election.2 The Direction of Election, as
amended, provided that an election by secret ballot be conducted
within fifteen (15) days from September 1, 1938, among the em-
ployees of the National Candy Company, Inc., at its Veribrite Fac-
tory, Chicago, Illinois, who were employed by it during the pay-roll
period immediately preceding March 15; 1938, engaged in production
and maintenance, including packers and elevator operators, but ex-
cluding department heads, supervisors, office and clerical employees,
cost department employees, truck drivers, night watchmen, engineers,
firemen, members of the shipping and receiving departments, John
Connelly, and those who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Bakery
and Confectionery Workers International Union of America, for
the purposes of collective bargaining.
Pursuant to the Direction, as amended, an election by secret ballot
was conducted on September 7, 1938, at Chicago, Illinois, under the
direction and supervision of the Regional Director for the Thirteenth
Region (Chicago, Illinois). On September 20, 1938, the said Re-
gional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and served upon the parties an Intermediate Report
on the ballot.
17 N L R. B. 1207.
2 8 N. L. R. B. 283.
9 N. L. R. B., No. 13
56
DECISIONS AND Olll)EltS 57
As to the results of the secret ballot, the Regional Director reported
as follows:
Total number eligible to vote_________________________________ 108
Total number of ballots cast__________________________________ 105
Total number of ballots cast for Bakery and Confectionery
Workers, International 'Union--of America____________________ 39
Total number of ballots cast against Bakery and Confectionery
Workers International Union of America____________________ 50
Total number of challenged ballots cast________________________ 15
Total number of blank ballots cast___________________________ t
Total number of void ballots cast____________________________ 0
The Regional Director recommended that 10 of the challenged
ballots be counted and that four not be counted. He did not rule
upon one challenged ballot.
The Company filed objections to the Intermediate Report, main-
taining that two of the challenged ballots which the Regional Direc-
tor recommended be counted were cast by persons ineligible to vote
in the election. Since the two ballots could not affect the results
of the election; we need not consider the objections. Even if all the
challenged ballots which the Regional Director held should be counted
and the one challenged ballot upon which he did not rule were cast in
favor of the Bakery and Confectionery Workers International Union
of America, it did not receive a majority of the total ballots cast.
Accordingly we find that the election shows that no collective bar-
gaining representative has been designated by a majority of the
employees. The petition for investigation and certification of rep-
resentatives of employees of National Candy Company, Inc., at its
Veribrite Factory will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of National Candy Company,
Inc., at its Veribrite Factory, Chicago, Illinois, filed by Bakery and
Confectionery Workers International Union of America, be, and it
hereby is, dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Supplemental Decision and Order.