National Distillers Products Co.

National Labor Relations Board - Board Decisions

Oct 27, 1938

9 N.L.R.B. 526 (N.L.R.B. 1938)

In the Matter of NATIONAL DISTILLERS PRODUCTS Co. and UNITED
DISTILLERY WORKERS OF N. A., LOCAL No . 484, AFFILIATED WITH
COMMITTEE FOR INDUSTRIAL ORGANIZATION
Case No. R-573
SUPPLEMENTAL DECISION
AND
ORDER
October 27, 1138
On March 7, 1938, the National Labor Relations Board, herein
called the Board, issued in the above-entitled proceeding a Decision
and Direction of Election,, on March 19, 1938, an Amendment to the
Direction of Election,2 and on March 23, 1938, a second Amendment
to the Direction of Election.2 The Direction of Election, as amended,
directed that an election by secret ballot be held among the produc-
tion employees of the National Distillers Products Company at its
K. D. & W. plant, Louisville, Kentucky, whose names appear on the
pay-roll records of the Company during any 4 weeks in the months
of October, November, and December, 1937, excluding superintend-
ents, office workers, foremen and assistant foremen, foreladies and
assistant foreladies, line supervisors, stamp control operators, store-
keepers and assistant storekeepers, guards, and mechanics, and ex-
cluding also those who had since quit or been discharged for cause,
to determine whether or not they desired to be represented by United
Distillery Workers of North America, Local No. 484, affiliated with
the Committee for Industrial Organization, for the purposes of
collective bargaining.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on March 24, 1938, at Louisville, Ken-
tucky, under the direction and supervision of the Regional Director
for the Ninth Region (Cincinnati, Ohio). Full opportunity was
accorded to all parties to participate in the conduct of the secret
ballot and to make challenges. On April 1, 1938, the said Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties his Intermediate Report on the
ballot.
15 N. L. it . B. 862.
2 6 N. L . R B. 89.
ON.L.R B,No.48
526
DLCISIO_\S AND ORDERS 527
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote--------------------------------- 715
Total number of ballots cast--------------------------------- 472
Total number of unchallenged ballots for United Distillery
Workers of N. A., Local No. 484---------------------------- 220
Total number of unchallenged ballots against United Distillery
Workers of N. A., Local No. 484---------------------------- 228
Total number of challenged ballots --------------------------- 30
Total number of blank ballots -------------------------------- 0
Total number of void ballots --------------------------------- 0
Total number of contested ballots ---------------------------- 2
The Regional Director recommended that 22 of the 30 challenged
ballots be counted and that the remaining eight challenged ballots
and the two contested ballots not be counted.
On April 6, 1938, the United filed exceptions to the recommendation
of the Regional Director with regard to four challenged ballots which
the Regional Director recommended be counted.
On June 3, 1938, after due notice to the parties, 'the challenged
ballots which the Regional Director recommended be counted and
with respect to which no exceptions were filed were counted at the
offices of the Board for the Ninth Region, in the presence of repre-
sentatives of the parties. Since the counting of such ballots showed
that the results of the election would not be affected by the four chal-
lenged ballots with respect to which the United filed exceptions,
the four ballots were not counted.
On June 11, 1938, the said Regional Director issued and duly
served upon the parties his Second Intermediate Report. No ex-
ceptions to the Second Intermediate Report'were'filed-by any of the
parties. As to the final results of the balloting, the Regional Director
reported as follows:
Total number eligible to vote--------------------------------- 715
Total number of ballots cast--------------------------------- 472
Total number of unchallenged ballots for United Distillery
Workers of N. A., Local No. 484, (C I. 0.) ------------------ 220
Total number of unchallenged ballots. against United Distillery
Workers of N. A, Local No 484, (C I 0.) ----------------- 228
Number of challenged ballots------------------- .------------- 30
Number of blank ballots ------------------------------------ 2
Number of contested ballots--------------------------------- 2
Number of contested ballots counted------------------------- 0
Number where challenge was allowed------------------------ 12
Result of challenged ballot count :
For United Distillery Workers of N. A., Local No 484,
(C. I. 0.) ----------------------------------------------- 6
Against United Distillery Workers of N. A., Local No. 484,
(C. I. 0 )----------------------------------------------- 12
Grand Total of votes for Local No. 484----------------------- 226
Grand Total of votes against Local No. 484------------------- 240
528 NATIONAL LABOR RELATIONS BOARD
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees of the
Company within an appropriate unit. The petition for investigation
and certification of representatives of employees of the Company
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
certification of representatives of employees of National Distillers
Products Company, filed by United Distillery Workers of North
America , Local No. 484, affiliated with the Committee for Industrial
Organization, be, and it hereby is, dismissed.
CHAIRMAN MADDEN took no part in the consideration of the above
Supplemental Decision and Order.