Strand Leather Goods Co., Inc.

In the Matter of STRAND LEATHER Goons COMPANY, INC., EMPLOYER and PocsETBoo$ WORKERS Uxiorl, NEW YOBS (NEw BEDroi w BRANCH), PETITIONER Case No.1-R,C-816.Decided April 08,1949 DECISION AND ORDER On March 29, 1948,, Pocketbook Workers Union, New York (New Bedford Branch), filed a petition, as amended December 9,1948, alleg- ing that a question affecting commerce existed concerning the rep- resentation of employees of Strand Leather Goods Company, Inc. On December 2, 1948, the Petitioner, the Employer, and a representative of the Board entered into a "Stipulation for Certification upon Consent Election." On February 11, 1949, an election by secret ballot was con- ducted among the employees in the stipulated unit, under the direction and supervision of the Regional Director for the First Region. (Bos- ton, Massachusetts). Upon the conclusion of the election, a Tally of Ballots was furnished the parties. The Tally showed that the votes were distributed as follows : Approximate number of eligible voters----------------------- 135 Void ballots---------------------------------------------- 2 Votes cast for Pocketbook Workers Union, New York (New Bedford Branch)_______________________________________ 56 Votes cast against participating labor organization ----____-- 69 Valid votes counted_______________________________________ 125 Challenged ballots----------------------------------------- 1 Valid votes counted plus challenged ballots------------ ------ 126 ,On-February 16,1949, the Petitioner filed Objections to the Election alleging that by certain conduct occurring on or about February 11, 1949, the Employer interfered with the results of the election. After an investigation, the Regional Director on March 24, 1949, issued his Report on Objections, in which he found that none of the objections raised substantial issues and recommended that all be overruled. He further reported that although the Petitioner was requested to submit 83 N. L. R. B., No. 31. 256 STRAND LEATHER GOODS COMPANY, INC. 257 evidence to substantiate the objections, it has presented no supporting facts or witnesses. No exceptions having been filed by either of the parties to the Report on Objections within the time provided therefor, we hereby adopt the findings and recommendations of the Regional Director.,, Accord- ingly, we find that the objections to the election raise no substantial and material issues.2 As the Tally of Ballots shows that a majority of the valid votes were cast against the Petitioner, we shall dismiss the petition. ORDER IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of Strand Leather Goods Com- pany, Inc., at its New Bedford , Massachusetts, plant, filed by Pocket- book Workers Union, New York (New Bedford Branch), be, and it hereby is, dismissed. CHAIRMAN HERZOG and MEMBER HOUSTON took no part in the con- sideration of the above Decision and Order. 1 Matter of Eagle Overall Supply Co., Inc., et al., 81 N. L. R. B. 348. 2 As part of its objections, the Petitioner moved that the complaint issued upon charges filed by the Petitioner against the Employer in Case No . 1-CA-173, be reinstated upon the ground that the Employer had violated the settlement agreement of December 3, 1948, by conduct covered by the objections to this proceeding. In view of our determination that the objections raise no substantial and material issues and considering the Regional Direc- tor's report that an investigation reveals no further unfair labor practices subsequent to the settlement agreement, we shall in accordance with our established practice not go behind the settlement agreement to consider the conduct of the Employer which preceded it. See Matter of The Laclede Gas Light Company, 80 N. L. R. B. 839. Accordingly, we hereby deny the motion of the Petitioner to reinstate Case No . 1-CA-173.