Vail-Ballou Press, Inc.

National Labor Relations Board - Board Decisions

Nov 4, 1940

27 N.L.R.B. 1206 (N.L.R.B. 1940)

In the Matter Of VAIL-BALLOU PRESS, INC. and BINGHAMTON PRINT-
ING PRESSMEN'S AND ASSISTANTS' UNION No. 57, I. P. P. ANn A.- U., OF
BINGHAMTON, N. Y.
In the Matter Of VAIL-BALLOU PRESS, INC. and BINGHAMTON TYPO-
GRAPHICAL UNION, No. 232
Cases Nos. R-821 and R-820
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER
November 4, 1940
On July 18, 1940, the National Labor Relations Board, herein called
the Board, issued in this proceeding an Amended Direction of Elec-
tions,' pursuant to which elections by secret ballot were conducted on
August 14, 1940, under the direction and supervision of the Regional
Director for the Third Region, (Buffalo, New York). On August 28,
1940, the Regional Director, acting pursuant to Article III, Section 9,
of National Labor Relations Board Rules, and Regulations-Series 2,
as amended, duly served upon the parties an Election Report.
Case No. R-821
As to the balloting and its results the Regional Director reported as
follows :
Total on eligibility list--------------------------------------- 24
Total ballots cast------------------------------------------- 22
Total ballots challenged------------------------------------- 3
(a) challenged ballots determined eligible-------------- None
(b) challenged ballots not eligible----------------------- 3
Total blank ballots---------------------------------------- None
Total void ballots------------------------------------------ None
Total valid votes cast--------------------------------------- 19
1 25 N. L. R. B. 619.
27 N. L. R. B., No. 198.
1206
VAIL-BALLOU PRESS, INC.
Votes cast for Binghamton Printing Pressmen ' s and Assist-
ants' Union No 57, I. P P and A. U., of Binghamton, New
York ----------------------------------------------------- 10
Votes cast against Binghamton Printing Pressmen's and Assist-
ants' Union No. 57, I P. P. and A. U, of Binghamton, New
York ----------------------------------------------------- 9
1207
In his Election Report the Regional Director ruled that Earl Spear-
beck, Samuel Vail, 'and Wayne Stickles,-the three persons whose bal-
lots were challenged by the Union, were ineligible to vote.3 .
On September 3, 1940, Vail-Ballou Press, Inc., herein called the
Company, filed Objections and Exceptions to the election and to the
Election Report, on the ground that the Regional Director had ruled
incorrectly on the three challenged ballots. On September 4, 1940,
the Regional Director issued and duly served 'on the parties his Report
on Objections and Exceptions to Election Report in which he found
that his original rulings were correct and recommended certification
of the Union.
The Board has considered the Election Report, the Company's ob-
jections thereto, and the Report on Objections and finds that the
objections,do not raise substantial or material issues with respect to
the conduct of the ballot or Election Report. The objections are
hereby overruled.
Case No. R-822
As to the balloting and results , the Regional Director reported as
follows :
Total on eligibility list-------------------------------------- 74
Total ballots cast------------------------------------------- 72
Total ballots challenged-------------------------------------- 13
Total blank ballots---------------------------------------- None _
Total void ballots-------------------------------- ------ None
Total valid votes cast---------------------------------------- 59
Votes cast for Binghamton Typographical Union, No. 232------ 22
Votes cast against Binghamton Typographical Union, No. 232-- 37
No objections to the conduct of the ballot or to the Election Report,
in so far as it pertains to Case No. R-822; have been filed by any of
the parties. The results of this election show that no collective bar-
gaining representative has been selected by a majority of the em-
ployees.' The petition of Binghamton Typographical Union, No. 232,
for investigation and certification of representatives 'of employees of
the Company will therefore be dismissed.
2 Herein called the Union
a The Regional Director after investigation found these three employees not to be in-
cluded within the terms of the Amended Direction of Election-Spearbeck because he was
a supervisory employee , and Vail and Stickles because they were not pressmen or assistant
pressmen.
1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION
AND
ORDER
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Binghamton Printing Pressmen's and
Assistants' Union No. 57, I. P. P. and A. U., of Binghamton, New
York, has been designated and- selected by a majority of the printing
pressmen and assistants of Vail-Ballou Press, Inc., excluding super-
visory employees, as their representative for the purposes of collective
bargaining, and that pursuant to Section 9 (a) of the National Labor
Relations Act, Binghamton Printing Pressmen's and Assistants'
Union No. 57, I. P. P. and A. U., of Binghamton, New York is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment; and
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of-Vail-Ballou Press, Inc., Bing-
hamton, New York, filed herein by Binghamton Typographical Union,
No. 232, be, and it hereby is, dismissed.