Bishop & Company, Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1939

13 N.L.R.B. 207 (N.L.R.B. 1939)

In the Matter of BISHOP & COMPANY, INC. and UNITED CRACKER,
BAKERY, AND CONFECTIONERY WORKERS, LOCAL INDUSTRIAL UNION
No. 212
Case No. R-382
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Jv, e 10, 1939
On December 15, 1937, 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 provided that an
election by secret ballot be conducted among the production em-
ployees of Bishop & Company, Inc., Los Angeles, California, herein
called the respondent, who were employed by it on September 22,
1937, excluding teamsters, drivers, delivery men, shipping room,
maintenance, office, clerical, and supervisory employees, and those
who had since quit or been discharged for cause, to determine whether
they desired to be represented for the purposes of collective bargain-
ing by United Cracker, Bakery, and Confectionery Workers, Local
Industrial Union No. 212, affiliated with the Committee for Industrial
Organization, herein called the United, or by Bakery & Confec-
tionery Workers' International Union of America, Local 37, herein
called the International, or its successor, affiliated with the American
Federation of Labor, or by neither. On December 23, 1937, the
Board issued an amendment to the Direction of Election, upon the
request of one union and upon the agreement of the other, deferring
the date of the election to not later than January 8, 1938.2
Pursuant to the Direction of Election as amended, an election by
secret ballot was conducted on December 28, 1937, under the direction
and supervision of the Regional Director for the Twenty-first Region
(Los Angeles, California). Full opportunity was accorded to all
parties to the investigation to participate in the conduct of the elec-
tion by secret ballot and to make challenges. On December 28, 1937,
14 N. L R B. 514.
24 N. L. R. B. 518.
13 N. L. R. B., No. 26.
207
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued, and on December 29, 1937, duly served upon the
parties, his Intermediate Report on the ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total Number Eligible to Vote------------------------------ 98
Total Ballots Cast------ ------------------------------------ 92
Total Number of Blank Ballots- ----------------------------- 0
Total Number of Void Ballots------------------------------- 0
Total Number of Ballots Cast for Bakery & Confectionery
Workers' International Union of America, Local 37, A.
F. of L--------------------------------------------------- 47
Total Number of Ballots Cast for United Cracker, Bakery and
Confectionery Workers, C. I. 0---------------------------- 44
Total Number of Ballots Cast for Neither of Above Unions_-- 1
Total Number of Challenged Ballots----.-- --------------------- 0
On January 7, 1938, the United filed with the Board its objections to
the Intermediate Report, claiming (1) that the respondent had failed
to prepare an accurate list of eligible voters; and (2) that the re-
spondent had influenced the votes of some employees in favor of the
International and against the United by the circulation of a rumor
that the lease on the respondent's building would not be renewed in
the event the United won the election. With regard to the first
objection, the respondent made a satisfactory reply in a sworn state-
ment . We find the objection to be without basis in fact. It is, accord-
ingly, hereby overruled.
On March 18, 1938, the United filed charges with the Regional
Director for the Twenty-first Region alleging that the respondent
had committed an unfair labor practice in permitting solicitation on
behalf of the International while denying similar privileges to the
United. The charges, in part, repeated the substance of the second
objection to the Intermediate Report on the ballot. On April 26,
1938, pursuant to Section 10 (b) of the Act, the Board, by the Re-
gional Director for the Twenty-first Region, issued its complaint
against the respondent, alleging that the respondent had engaged in
and was engaging in unfair labor practices affecting commerce within
the meaning of Section 8 (1) and (3) and Section 2 (6) and (7) of
the Act. A hearing on the complaint was held on August 16 through
August 20, 1938, before John T. Lindsay, the Trial Examiner duly
designated by the Board. On March 18, 1939, the Trial Examiner
filed his Intermediate Report, finding that the respondent had not
committed the unfair labor practices charged in the complaint and
recommending that the complaint be dismissed in its entirety. A
copy of the Intermediate Report was duly served upon all parties.
BISHOP & COMPANY , INCORPORATED 209
The United did not file exceptions to the Intermediate Report in
accordance with Article II, Section 34, of our Rules and Regulations.
Pursuant to Article II, Section 36, of our Rules and Regulations, the
case is, therefore , considered closed.
In view of the fact that the United 's second objection to the Inter-
mediate Report on the election was in fact investigated in the course
of the hearing on the complaint in the proceeding instituted under
Section 10 (b) of the Act, and in view of the fact that the United
did not file exceptions to the Trial Examiner 's findings and recom-
mendations , Ave consider such conduct as an acquiescence in those
findings which related to its objections to the ballot. The second
objection , therefore , is hereby overruled.
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 9,
of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Bakery & Confectionery Workers' In-
ternational Union of America, Local 37, or its successor , has been
designated and selected by a majority of the production employees
of Bishop & Company, Inc., Los Angeles, California , excluding
teamsters , drivers, delivery men, shipping room, maintenance, office,
clerical, and supervisory employees , as their representative for the
purposes of collective bargaining and that, pursuant to the provisions
of Section 9 (a) of the Act, Bakery & Confectionery Workers ' Inter-
national Union of America , Local 37, or its successor , 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.
MR. WILLIAM M. LEisERsoN took no part in the consideration of
the above Supplemental Decision and Certification of Representatives.