Superior Packing Co.

National Labor Relations Board - Board Decisions

Jul 22, 1940

25 N.L.R.B. 737 (N.L.R.B. 1940)

In the Matter of SUPERIOR PACKING COMPANY and PACKINGHOUSE
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-1865
SUPPLEMENTAL DECISION AND ORDER
July 20, 1940
On June 12, 1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled case., Pursuant to the Direction of Election, an election by
secret ballot was conducted on June 24, 1940, at Chicago, Illinois,
under the direction and supervision of the Regional Director for the
Thirteenth Region (Chicago, Illinois). On June. 28, 1940, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, ' as
amended, issued and duly served upon Superior Packing Company,
Chicago, Illinois, herein called the Company, and Packinghouse Work-
ers Organizing Committee, affiliated with the Congress of Industrial
Organizations, herein called the Union, an Election Report containing
a tally of the ballots, and his findings and recommendations. In his
Report to the Regional Director certified that the ballot was fairly and
impartially conducted and that the ballots cast were duly and fairly
counted under his supervision, and that a statement to that effect had
been filed with him by observers.
As to the balloting and its results, the Regional Director reported
as follows :
Total eligibility list----------------------------------------- 41
Total ballots cast------------------------------------------- 44
Votes cast for Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations------ 16
Votes cast against Packinghouse Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations------ 21
Total ballots challenged------------------------------------- 7
Total blank ballots------------------------------------------ o
Total void ballots------------------------------------------- 0
With respect to the seven challenged ballots the Regional Director
recommended that the challenges as to five 2 be sustained and that the
1 24 N L. R B 595
2 The ballots of Richard J Cone, John Pamk, M M Fisher, Tony wenckaitis, and John
Kisela , which were challenged by the Union
25 N. L R B, No. 81,
737
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
challenges as to the remaining two ' be overruled. He recommended
further that the petition for investigation and certification of repre-
sentatives herein be dismissed.
On July 3,1940, the Company filed its Objections to Election Report,
specifically objecting, to the Regional Director's recommendations with
respect to the challenged ballots. , On July 11, 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 served upon the parties his Report on Objections to Election
Report. The Board has considered the Election Report, the Ob-
jections and the Report on Objections to Election Report and hereby
adopts the recommendations of the Regional Director concerning the
challenged ballots. Under these circumstances it becomes unneces-
sary to open the two ballots as to which the challenges were overruled,
since they could not affect the result of the election. The Board finds
that the objections filed by the Company do not raise substantial or
material issues with respect to the conduct of the election or the
Election Report.
'The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees in the
,appropriate unit. The petition of the Packinghouse Workers Or-
ganizing Committee, affiliated with the Congress of Industrial Or-
ganizations, for investigation and certification of representatives of
employees of Superior Packing 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 2, as
amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of employees of Superior Packing Company,,
Chicago, Illinois; filed by Packinghouse Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations, be,
and it hereby is, dismissed.
MR. WIIIa t M. LEisERsoN took no part in the consideration of
the above Supplemental Decision and Order.
a The ballots of Bert King and Alexander Stokes, which were challenged by the Com-
pany and the Union respectively.