Weinberger Sales Co., Inc.

National Labor Relations Board - Board Decisions

Nov 27, 1940

28 N.L.R.B. 154 (N.L.R.B. 1940)

In the Matter Of WEINBERGER SALES Co., IN C. and UNITED DOCK &
FRUIT WORKERS UNION, FOR AFFILIATION WITII THE C. I. O.
Case No. R-2030
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
November 27,,1940
On October 5, 1940, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election, a
secret ballot was conducted on October 25, 1940, under the direction
and supervision of the Regional Director for the Fifteenth' Region
(New Orleans, Louisiana) among certain employees of Weinberger
Sales Co., Inc., New Orleans, Louisiana, herein called the Company.
On October 29, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued an Election Report upon the sec-
ret ballot, copies of which were duly served upon the parties. No ob-
jections to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows : -
Total on eligibility list______________________________________ 540
Total ballots challenged____________________________________ 0
Total blank ballots ------------------------------------------ 0
Total void ballots___________________________________________ 0
Total valid ballots cast ---------------- __-_---_--_________-_ 54
Total votes cast for United Dock and Fruit Workers ---------- 52
Total votes cast against United Dock and Fruit Workers -------- 2
The Regional Director recommended that, in view of the small num-
ber of those eligible to vote participating, the Board dismiss the pe-
tion without prejudice. '
We find that the balloting failed to result in a representative vote.
Rather than dismiss the petition, however, we shall, in view of the
127 N. L. R B. 670
28 N. L. R. B., No. 26.
154
WEINBERGER SALES CO., INC. 155
nature of the employment of the employees involved,2 direct that fur-
ther balloting be held. We shall exclude from such further balloting
those employees who voted on October 25,1940. The results of the
,balloting on, both occasions will be considered together in order to
determine the question concerning representation which has arisen.
SECOND DIRECTION OF 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, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it -is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Weinberger Sales Co., Inc., New Orleans, Louisiana; further
balloting shall be conducted as early as possible, but not later than
thirty (30) days from-the date of this Direction, under the direction
and supervision of the Regional Director for the Fifteenth Region,
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 dock workers employed by the Company in loading and
unloading vessels whose names appear on either the August 12, 1940,
or August 21, 1940, pay roll of the Company, including checkers and
regular inspectors, but excluding foremen, special inspectors, watch-
men, paymasters, superintendents, deputy sheriffs, and clerical and
office employees, and also excluding those employees who voted on
October 25, 1940, to determine whether or not they desire to be repre-
sented by United Dock and Fruit Workers Union for the purposes
of collective bargaining; and
IT IS FURTHER DIRECTED that the Regional Director shall issue a
further Election Report in the matter, including a tabulation .of the
ballots cast at the previous balloting as well as those cast at the bal-
loting directed herein. - -- - -
CHAIRMAN HARRY A. MILLIS took no part in the consideration of
the above Supplemental Decision and Second Direction of Election.
2 The employees involved are dock workers engaged in unloading bananas from a boat
of the Company. The boat makes three or four trips a month. The same employees do
,not always unload each boat.