P. Ballantine & Sons

National Labor Relations Board - Board Decisions

Feb 9, 1940

20 N.L.R.B. 281 (N.L.R.B. 1940)

In the Matter Of P. BALLANTINE & SONS, A CORPORATION and WHOLE-
SALE LICENSED ALCOHOLIC BEVERAGE SALESMEN 'S UNION, #20376-B,
BEER DIVISION , A. F. of L.
Cases Nos. C-132 and R-1379
.SUPPLEMENTAL DIRECTION OF ELECTION
February 9, 1940
On December 29, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election 1
in the above-entitled proceedings, ordering that the respondent cease
and desist from certain unfair labor practices and take certain affirma-
tive action found necessary to effectuate the policies of the National
Labor Relations Act, 49.Stat. 449, and directing that an election by
secret ballot be conducted at such time as the Board should in the
future direct under the direction and supervision of the Regional
Director for the Second Region (New York City). The Regional
Director has since advised the Board that an election may appropri-
ately be held at this time and further reports that the parties have
agreed that those employees within the appropriate unit on the pay
roll of January 20, 1940, including James Kennedy, shall be eligible
to'participate' in the election... We see no reason for departing from
the desires of the parties with respect to the date for determining the
eligibility of employees to vote in the election.
By virtue of and pursuant to the power vested in the National Labor
Relations Board, by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
.I. _Ballantine & Sons, the election by secret ballot-directed to be con-
ducted by the Board's Direction of Election of December 29, 1939, be
conducted as early as possible but not later than thirty (30) days from
the date of this Supplemental Direction of Election, under the direc-
tion and supervision of the Regional Director for the Second Region,
118 N. L. R. B. 1007.
20 N. L. R. B., No. 27.
281
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 all the draught- and bottle-beer salesmen employed by P. Bal-
lantine & Sons, at its office at 24-16-Ridge Plaza, County of Queens,
New York City, whose names appear on the pay roll.of January 20,
1940, including James Kennedy, and employees who did not work
during such pay-roll period because they were ill or on vacation, and
employees who were then or have since been temporarily laid off, but
excluding sales managers, assistant sales managers, supervisors, cleri-
cal employees, and those who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Wholesale Licensed Alcoholic Beverage Salesmen's Union #20376-B,
Beer Division, A. F. of L., for the purposes of collective bargaining.
I