Silvray Lighting Inc.

National Labor Relations Board - Board Decisions

Mar 11, 1940

21 N.L.R.B. 462 (N.L.R.B. 1940)

In the Matter of SILVRAY LIGHTING INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION No. 3
Case No. R-1552
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 11, 1940
On December 26, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding.,, Pursuant to the Direction of Elec-
tion, an election by secret ballot was conducted on January 16, 1940,
under the direction and supervision of the Regional Director for the
Second Region (New York City). On February 3, 1940, the Re-
gional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued her Election Report, copies of which were duly
served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------- 34
Total number ballots cast----------------------------------- 46
Total number of valid ballots------------------------------- 32
Total number of votes in favor of-
International Brotherhood of Electrical Workers, Local
Union No. 3-------------------------------------------- 18
United Electrical, Radio and Machine Workers of America,
Local No. 1227----------------------------------------- 14
Total number of votes in favor of neither organization------- 0
Total number of blank ballots------------------------------- 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 14
Two of the challenged ballots were those of Peter Anderson and
Edward Menghini whom the Board had expressly named in its Direc-
tion of Election as being eligible to vote. The Regional Director
overruled those challenges and, after counting the ballots of Ander-
18 N L. RK B. 719.
21 N. L. R. B., No. 39.
462
SILY'RAY LIGHTING INC. 463
son and Menghini, reported as follows as to the results of the
balloting :
Total number of ballots cast-------------------------------- 46
Total number of valid ballots------------------------------ 34
Total number of votes in favor of-
International Brotherhood of Electrical Workers, Local
Union No. 3-------------------------------------------- 20
United Electrical, Radio and Machine Workers of America,
Local No. 1227----------------------------------------- 14
Total number of votes in favor or neither organization------ 0
Total number of blank ballots------------------------------ 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 12
The Regional Director did not rule upon the remaining challenges
but, referred:. them to the Board since they concern matters con-
sidered by the Board in its Decision and Direction of Election
herein. These 12 challenges were made to the ballots of temporary
employees who were not employed both during the 4-month period
immediately preceding May 1, 1939, and also during the pay-roll
period immediately preceding the date of the Direction of Election.
They therefore were not eligible to vote in the election and the
challenges as to them are sustained.
On February 16, 1940, United Electrical, Radio and Machine
Workers of America, Local No. 1227, herein called the U. E. R. M. W.,
filed with the Regional Director Objections to the Election Report.
On February 27, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon
the parties her Report on Objections, referring the Objections to
the Board.
The Objections raise substantially the same questions as were
raised by the challenges. In addition, the U. E. R. M. W. claims
that the vote of one Escheverria, whose ballot was destroyed at the
conclusion of the balloting, should be counted if his vote will affect
the result of the election. His vote, obviously, cannot affect the re-
sult of the election. The Board has considered the Objections to the
Election Report and finds that they do not raise substantial or
material issues with respect to the conduct of the ballot or the
Election Report and the Objections are hereby overruled.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
464 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
9, of National Labor Relations Board Rules and Regulations—
Series 2, as amended,
IT IS HEREBY CERTIFIED that International Brotherhood of Elec-
trical Workers, Local Union No. 3, has been designated and selected
by a majority of the production and maintenance employees of
Silvray Lighting, Inc., Long Island City, New York, engaged in the
processing of lamps and packing and shipping of electrical lighting
fixtures, excluding employees in the wiring, fitting, and assembly
department, managers, foremen, and office employees, as their rep-
resentative for the purposes of collective bargaining and that, pur-
suant to Section 9 (a) of the National Labor Relations Act, Inter-
national Brotherhood of Electrical Workers, Local-Union No. 3, is
the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.