Gold & Baker

In the Matter of BERNARD GOLD AND JACK WASSERMAN , CO-PARTNERS DOING BUSINESS UNDER THE NAME OF GOLD & BAKER, and WHOLESALE AND W17AREIIOUSE WORKERS UNION, LOCAL 65, C. I. O. Case No. R-5899 (2-R--3943) ORDER SETTING ASIDE DISMISSAL OF PETITION AND SECOND DIRECTION OF ELECTION March 18, 1944 On October 25, 1943, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding., Pursuant to the Direction of Election, an election by secret ballot was conducted on November 24, 1943, under the direction and super- vision of the Regional Director for the Second Region,(New York City), among employees of Bernard Gold and Jack Wasserman, co- partners doing business under the name of Gold & Baker, New York City, herein called the Company. There were approximately two employees eligible to vote in the election. Only one employee voted. He cast his ballot for Wholesale and Warehouse Workers Union, Local 65, C. I. 0., herein called the C. I. 0., the petitioner herein. On January 26, 1944, the Board issued a Supplemental Decision and Order,2 finding that the balloting failed to result in a representative vote and dismissing the petition without prejudice. On February 7, 1944, the C. I. O. filed a motion for reconsideration of the Board's Supplemental Decision and Order, requesting that the Board rescind its order dismissing the petition and direct that a new election be held. In support of its motion the C. I. O. alleged that the two eligible voters were both members of the C. I. O.; that one of them was ill and in the hospital on election day; and that he was unable to cast a ballot for that reason. On February 14, 1944, the Board, having duly considered the matter, issued and served upon the parties notice, that the Board would grant the motion unless ob- jections thereto, and written arguments in support thereof, were filed on or before February 21, 1944. Time for filing objections was there- 153 N. L. R. B. 53. s 54 N. L. R. B. 869. 55 N. L. R. B., No. 107. 591 592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD after extended to March 1, 1944. No objections to the motion have been filed by any of the parties. The Board hereby orders that the case be, and it hereby is, reopened and that the order dismissing the petition, issued on January 26, 1944, be, and it hereby is, set aside. We shall direct that a second election be conducted among employees of the Company in the unit heretofore found to be appropriate for collective bargaining who were employed during the pay-roll period immediately preceding the date of the Second-Direction of Election, subject to the limitations and additions set forth in the Second Direction.3 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, and pursuant to Article III, Section 9, of National Labor' Rela- tions Board Rules and Regulations, Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bernard Gold and Jack Wasserman, co-partners doing business under the name of Gold & Baker, New York City, 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 direc- tion 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, Sections 10 and 11, of said Rules and Regu- lations, among all employees of the Company in the unit heretofore found to be appropriate for collective bargaining, who were employed during the pay-roll period immediately preceding the date of this Second Direction, including employees who chd not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether they desire to be represented by Wholesale and Ware- house Workers Union, Local 65, C. I. 0., or by Joint Board of Millinery Workers Union, Local 90, A. F. of L., for the purposes of collective bargaining, or by neither. Matter of S. A. Kendall, Jr., et al, 41 N . L. R. B. 395.