Ives-Cameron Co., Inc.

In the Matter of IVES-CAMERON COMPANY, INC., EMPLOYER and THOMAS F. KENNEY AND HAROLD KRAUSS, INDIVIDUALS, PETITIONERS and DRUG TRADE SALESMEN'S UNION LOCAL 65, CIO, UNION 1 Case No. 2-RD-53.Decided January 25,1949 DECISION AND DIRECTION OF ELECTION Upon a decertification petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members.* Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioners, employees of the Employer, assert that the Union is no longer the bargaining representative of the Employer's employees as defined in Section 9 (a) of the Act. The Employer was formerly named International Vitamin Corpo- ration. The Union, a labor organization affiliated with the Congress of Industrial Organizations, was certified on June 6, 1946, in case No. 2-R-6487, pursuant to a consent election, as the exclusive bar- gaining representative of the employees here involved 2 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit ap- propriate for purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 'The Union, also known as Drug Trade Salesmen 's Union, CIO, failed to appear at the hearing. *Chairman Herzog and Members Houston and Gray. I A collective bargaining contract, subsequently supplemented and since terminated, was executed by the Union and the Employer on May 9, 1947. 81 N. L. R. B., No. 45. 287 288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All salesmen, combination men and detail men, operating in Maine, New Hampshire, Vermont, Rhode Island, Massachusetts, Connecticut, New York State; the following counties in New Jersey : Bergen, Pas- saic, Hudson, Essex, Morris, Union, Sussex, Hunterdon, Mercer, Somerset, Middlesex, Monmouth, and Ocean; and the city of Phila- delphia, Pennsylvania, excluding supervisors as defined in the Act .s DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- pose of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the em- ployees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preced- ing the date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vaca- tion or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by Drug Trade Salesmen's Union, Local 65, CIO.4 8 The unit is the same unit as the one for which the Union was certified as bargaining representative ; the description has been changed only by naming States and counties instead of broad geographical areas. 4 The Union is not in compliance with the filing requirements of the Act . Accordingly, if the Union wins the election, and it has not complied with such requirements, the Board will certify only the arithmetical results of the election. See Matter of Amertican Smelting and Refining Company, 80 N. L. R. B. 68 (and cases cited therein).