Lidz Brothers, Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1938

6 N.L.R.B. 84 (N.L.R.B. 1938)

In the Matter of Linz BROTHERS, INCORPORATED and UNITED WHoI -
SALE EMPLOYEES, (LOCAL No. 65)
Case No. 8-360
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTION
March 18, 1938
On March 3, 1938, the National Labor Relations Board, hereini
called the Board, issued its Decision and Direction of Election"
in the above-entitled proceeding. On March 15, 1938, United Whole-
sale Employees, Local No. 65, herein called the Union, filed objec-
tions to the Decision and Direction of Election, alleging that sales-
men should not have been included within the bargaining unit and
requesting that the Board "grant such relief to the Union as may
be necessary, either by amending its decision to exclude salesmen
from the bargaining unit, or refer this matter back to the Trial
Examiner for further proof, or direct oral argument on these objec-
tions." Upon careful consideration of this matter, the Board finds
that the salesmen were properly included within the bargaining unit.
The request of the Union is, therefore, hereby denied.
The Direction of Election provided that "an election by secret
ballot shall be conducted within fifteen (15) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Second Region." , The Board, having been advised
that a longer period is necessary, hereby amends the Direction of
Election issued on March 3, 1938, by striking therefrom the words
"within fifteen (15) days from the date of this Direction," and
substituting therefor the words, "within twenty-five (25) days from
the date of this Direction."
MR. EDWIN S. SMITH took no part in the consideration of the
above Supplemental Decision and Amendment to Direction of
Election.
1 5 N. L R B. 757
84
DECISIONS AND ORDERS
[SAME TITLE ]
SUPPLEMENTAL DECISION
85
AND
ORDER
April 11, 1938
On March 3, 1938, the National Labor Relations Board, herein,
called the Board, issued a Decision and Direction of Election in the
above-entitled case. The Direction of Election, as amended by the,
Supplemental Decision and Amendment to Direction of Election,
issued by the Board on March 18, 1938, directed that an election,
by secret ballot be conducted within twenty-five (25) days from the,
date of the Direction among the employees of Lidz Brothers, In-
corporated, New York City, herein called the Company, employed
by the Company during the pay-roll period next preceding October-
25, 1937, excluding supervisory and office employees, employees at
the Chicago office, and those who have since quit or been discharged'
for cause, to determine whether or not they desire to be represented
by the United Wholesale Employees; Local No. 65, for the purposes of-
collective bargaining.
Pursuant to the Direction, as amended, an election by secret ballot
was conducted under the direction and supervision of Elinore M._
Herrick, the Regional Director for the Second Region (New York
City), on March 23, 1938. Thereafter the said Regional Director;
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, issued and
duly served upon the parties her Intermediate Report on the ballot.-
No objections or exceptions to the Intermediate Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported,
as follows :
Total number eligible to vote-------------------------------- 40
Total number of ballots cast-------------------------------- 39
Total number of ballots counted------------------------------ 36
Total number of votes cast for United Wholesale Employees,
(Local No. 65) ------------------------------------------- 11
Total number of votes cast against United Wholesale Em-
ployees, (Local No. 65) ----------------------------------- 25
Total number of blank ballots------------------------------ 0
Total number of void ballots-------------------------------- 0
Total number of challenged ballots-------------------------- 3
86 NATIONAL LABOR RELATIONS BOARD
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees.
The petition for investigation and certification of representatives of
.employees of the 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
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
ORDERED that, the petition for investigation and certification of
representatives of employees of Lidz Brothers, Incorporated, filed
by United Wholesale Employees, Local No. 65, be, and it hereby is,
dismissed.