Cordiano Can Co., Inc.

In the Matter Of CORDIANO CAN CO., INC.'and UNITED WIRE & METAL WORKERS UNION, LOCAL 36 OF THE UNITED PAPER NOVELTY & TOY WORKERS INTERNATIONAL UNION, C. I. O. Case No. R-8418 Investigation and Certification of Representatives : run-off election directed. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION March 11, 1942 On February 3, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding,' directing that an election by secret ballot be conducted among certain employees of Cordiano Can Co., Inc., Brooklyn, New York, herein called the Company, to determine whether they desired to be represented by United Wire & Metal Work- ers Union, Local 36 of the United Paper Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Organ- izations, herein called the C. I. 0., or by Federal Labor Union, Local 20734, affiliated with the American Federation of Labor, herein called the A. F. of L., for the purposes of 'collective bargaining, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted among sudh employees on February 19, 1942, under the direction and supervision of the Regional Director for the Second Region (New York City). On February 21, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth, inter alia,'the following results of the aforesaid election: Total on eligibility list --------,________________________ Total ballots cast_______________________________________ 79 66 Total ballots challenged----- ---------- ------------------ None Total blank ballots____________________________________ None Total void ballots _______________ _________ None Total valid votes counted_______________________________ _ 66 1 38 N L. R B 905 39 N. L. R. B., No. 134. 707 708 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Votes cast for United Wire & Metal Workers Union, Local 36 of the United Paper Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Organiza- tions----------------------------------------------- 33 Votes cast for Federal Labor Union, Local 20734, affiliated with the American Federation of Labor---- ----------- 13 Votes cast for neither union ----------- ------------------ 20 No objections to the Election Report or the conduct of the ballot were thereafter filed by any of the parties. On February 24 and February 26, 1942, respectively, the A. F of L. and the C. I. 0. requested that the Board direct a run-off election. Although neither of the competing labor organizations received a majority of the votes cast, the results of the election show that a majority of the employees in question desire to bargain collectively with the Company. Accordingly, we shall direct a run-off election in which such employees will be given an opportunity to decide whether they desire to be represented by the C. I. 0. or by the A. F: of L. for the purposes of collective bargaining. 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 Rela- tions 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 Cordiano Can Co., Inc., Brooklyn, New York, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Second Direction of Election, under the direction and supervision of the Regional Director for the Second 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 employees of the Company described in the Direction of Election issued on February 3, 1942, but excluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Wire & Metal Workers Union, Local 36 of the United Paper Novelty & Toy Workers International Union, affiliated with the Congress of Industrial Organizations, or by Federal Labor Union, Local 20734, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. WM. M. LEISERSON took no part in the consideration of the above Supplemental Decision and Second Direction of Election.