Purepac Corp.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 366 (N.L.R.B. 1944)

In the Matter Of PUREPAC CORPORATION AND KLINZMOTH CHEMICAL
CORPORATION and WHOLESALE & WAREHOUSI WORKERS UNION,, LOCAL
65, C. 1. 0. ,
Case No. 2-R-4241
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
July 14, 1944
On April 17, 1944, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings'
Pursuant to the said Direction of Election, an election by secret
ballot was conducted on May 6, 1944, under the direction and super-
vision of the' Regional Director for the Second Region (New York
City). - At the conclusion of the election, a Tally of Ballots was fur-
nished the parties in accordance with the Rules and Regulations of the
Board. This Tally of,Ballots shows the following as to the balloting
and its results :
Total on eligibility list--------------------------------- --- 1:3
Total ballots cast-------------------------------------------- 14
Total ballots challenged ------------------------------------- 1
Total void ballots- ------------------------------------------ - 2
Total valid votes counted -------------- .--------------------- 11
Votes cast for Wholesale & Warehouse Workers Union, (Local
.65, C. I. 0------------------------------------------------
Votes cast for Federal Labor Union, Local #20734, A F. L-_-- 5
Votes cast for neither--------------------------------------- 0
As reflected in the Tally of Ballots, the challenged ballot and the
void ballots were sufficient in number to'affect the results of the elec-
tion. Accordingly, the Regional Director investigated the challenged
ballot and on June 10, 1944, issued and duly served upon the parties
his Report on Election and Challenges in which he recommended that
the challenge to the one ballot in question be sustained and that the
Board certify the C. I. O. On June 15, 1944, the A. F. L. filed Objec-
tions to said Report on Election and Challenges, alleging that the
?'55 N L. R. B 1386.
57 N L. R B.,' No. 68.
366
PUREPAC CORPORATION AND KLINZMOTH CHEMICAL CORPS 367
Regional Director wrongfully recommended the sustaining of the
challenge; that lie failed to state the basis upon which two ballots were
voided; and that the challenged ballot and two voided ballots were
"proper, valid, and legal ballots."'
On June 24, 1944, the Board, having considered the Regional Di-
rector's Report on Election and Challenges and the A. F. L.'s Objec-
tions to said Report, ordered that the above-entitled proceeding be
referred to"the Regional Director for the purpose of issuing 'a- spple-
mental report with respect to the basis upon which two' ballots,-were
voided at the election conducted- May 6, 1944. Pursuant to the Board's
order, the Regional Director, after investigation, issued a Supple-
mental Election Report on June 27, 1944, copies of which were duly
served upon the parties. No exceptions to the said Supplemental
Election Report were filed by any of the parties. The A. F. L.'s
request for oral argument is denied.
Upon the basis of the facts reported by the Regional Director with
respect to the challenged ballot and void ballots, and upon the entire
record din the case, the Board makes the following:
SUPPLEMENTAL FINDINGS OF FAC']'
Eli^ib'ility'o,f AbrahamBei'k'owitz,to vote, in 't/i& election
At the time of the Board's hearing, there were approximately 14
employees in the voting unit of "-Metropolitan Salesmen" of the Coln-
pany. Prior to the pay-roll date-which governed the eligibility of
voters,2 Abraham Berkowitz, one of the "Metropolitan Salesmen," re-
signed his position, with the Company.' Berkowitz cast a ballot at
the election, which was challenged by a Board agent. We agree with
the Regional Director that, in view of Berkowitz' resignation prior
tci'the date which,deternnnecl the eligibility of voters; his ballot was
invalid; and, accordingly. we sustain the challenge to his. ballot.
The two void ballots
The Regional Director reported that the two ballots which he rec-
ommended be declared void are blank ballots. Accordingly, we agree
with his recommendation and hereby find that these two ballots are
void.
The appropriate unit
In the -Decision and Direction of Election previously referred to,
we stated that, under the circumstances in this case, we would -permit
2 April 15, 1944.
Berkowitz resigned on March 29, 1944.
.368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the "Metropolitan Salesmen" to express their desires through the
means of an election,•as to whether they. shall bargain separately or as
part of a plant-wide unit, before making any final determination as
to the appropriate unit. If a majority of the employees were to choose
the C. I. O., they would thereby have indicated their desire to consti-
tute a separate bargaining unit. If they were to choose the A. F: L.,
they would thereby have indicated their desire to be part of the plant-
wide unit.
, In' view of our rulings with respect to the challenged ballot and
the void ballots cast,,,the 'results of the election established that the
"`Metropolitan Salesmen,'' having chosen the' C: I. 0., desire to bargain -
collectively in a separate unit. ,
We find that all employees classified on the ,Company's pay roll as
"Metropolitan Salesmen," excluding all supervisory employees with
authority to hire, promote,' discharge, discipline, or 'otherwise effect
changes ,in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
CERTIFICATION OF REPRESENTATIVES
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,
and pursuant to Article III, Sections 9 and 10, of National Labor Re-
lations Board Rules and Regulations-Series 3,
IT IS HEREBY CERTIFIED that Wholesale & Warehouse Workers
Union, Local 67, affiliated with the Congress of Industrial Organiza-
tions; has been designated and selected by a majority of all employees,
classified 'on the pay roll of Purepac Corporation and Klinzmoth
Chemical-Corporation, New York City, as "Metropolitan Salesmen,"
excluding all supervisory employees with authority to hire, promote,
discharge, discipline,, or otherwise effect changes in the `status of em-
ployees, or effectively recommend such action, as their representative
for the purposes of collective bairgaining'and-that, pursuant to Section
9 (a) of the Act,, the aforesaid labor organization is -the exclusive
representative of all such employees for, the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment, and'
other conditions of employment.