A. Zerega's Sons, Inc.

In the Matter of A. ZEREGA'S SANS, INC. and COMMITTEE FOR INDUS- TRIAL ORGANIZATION, ON BEHALF OF THE EMPLOYEES OF A. ZEREGA'S SONS, INC. Case No. R-492 SUPPLEMENTAL DECISION AND ORDER _ - _ _-.. _March 29, 1938 On February--19; 1938, 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 directed that an elec- tion by secret ballot be conducted among the maintenance, produc- tion, shipping, and receiving employees of A. Zerega's Sons, Inc., Brooklyn, New York, herein called the Company, excluding all super- visory employees, chauffeurs, clerical and office workers, and sales- men, who were in the employ of the Company during the pay-roll .period immediately preceding September 29, 1937, excluding those who since had voluntarily quit or had been discharged for cause, to determine whether they desired to be represented by Macaroni and Noodle Workers' Local Industrial Union, No. 0663, affiliated with the Committee for Industrial Organization, or by the Bakery and Con- lectionery Workers' International Union of America, Local No. 445, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. Upon request of the Bakery and Confectionery Workers' Interna- tional Union of America, Local No. 445, affiliated with the American Federation of Labor, on February 26, 1938, the Board amended the Direction of Election by eliminating that organization from the ballot and election.2 Pursuant to the Direction, as amended, an election by secret ballot was conducted on March 3, 1938, at Brooklyn, New York, under the direction and supervision of the Regional Director for the Second Region (New York City). Full opportunity was accorded all the parties to this investigation to participate in the conduct of the secret 15 N. L. R B. 496. 25N.L R B 501. 249 250 NATIONAL LABOR RELATIONS BOARD ballot and to make challenges. On March 7, 1938, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties an Intermediate Report on the ballot. No exceptions to the Intermediate Report have been filed by any of the parties. As to the results of the secret ballot, the Regional Director reported as follows : Total Number Eligible to Vote_____________________________ 119 Total Number of Ballots Cast_______________________________ 115 Total Number of Ballots Counted____________________________ 113 Total Number of Votes for Macaroni and Noodle Workers' Local Industrial Union, No. 663, C. I. O____________________ 46 Total Number of Votes against Macaroni and Noodle Workers' Local Industrial Union, No. 663, C. I. O__________________ 67 Total Number of Blank Ballots_____________________________ 1 Total Number of Void Ballots_______________________________ 1 Total Number of Challenged Votes___________________________ 0 The results of the election show that no collective bargaining -representative has been selected by a majority of the employees of the Company in the appropriate unit. The petition for investigation and certification of representatives of employees of the Company will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations 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 ordered that the. petition for investigation and certification of -representatives of employees of A. Zerega's Sons, Inc., filed by ,Committee for Industrial Organization on behalf of the employees of A. Zerega's Sons, Inc., be, and it hereby is, dismissed.