National Candy Co., Inc.

In the Matter of NATIONAL CANDY COMPANY, INC., VERIBRITE FACTORY and LOCAL 351 CANDY WORKERS, AFFILIATED WITH BAKERY AND CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA (A. F. OF L. AFFIL.) Case No. R-753 SUPPLEMENTAL DECISION AND ORDER October 6, 1938 On June 27, 1938, the National Labor Relations Board,. herein, called the Board, issued a Decision and'Direction'of Election -in the above-entitled proceeding. On July 13, 1938, the Board issued an Amendment to Direction of Election.2 The Direction of Election, as amended, provided that an election by secret ballot be conducted within fifteen (15) days from September 1, 1938, among the em- ployees of the National Candy Company, Inc., at its Veribrite Fac- tory, Chicago, Illinois, who were employed by it during the pay-roll period immediately preceding March 15; 1938, engaged in production and maintenance, including packers and elevator operators, but ex- cluding department heads, supervisors, office and clerical employees, cost department employees, truck drivers, night watchmen, engineers, firemen, members of the shipping and receiving departments, John Connelly, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Bakery and Confectionery Workers International Union of America, for the purposes of collective bargaining. Pursuant to the Direction, as amended, an election by secret ballot was conducted on September 7, 1938, at Chicago, Illinois, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On September 20, 1938, the said Re- gional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, issued and served upon the parties an Intermediate Report on the ballot. 17 N L R. B. 1207. 2 8 N. L. R. B. 283. 9 N. L. R. B., No. 13 56 DECISIONS AND Olll)EltS 57 As to the results of the secret ballot, the Regional Director reported as follows: Total number eligible to vote_________________________________ 108 Total number of ballots cast__________________________________ 105 Total number of ballots cast for Bakery and Confectionery Workers, International 'Union--of America____________________ 39 Total number of ballots cast against Bakery and Confectionery Workers International Union of America____________________ 50 Total number of challenged ballots cast________________________ 15 Total number of blank ballots cast___________________________ t Total number of void ballots cast____________________________ 0 The Regional Director recommended that 10 of the challenged ballots be counted and that four not be counted. He did not rule upon one challenged ballot. The Company filed objections to the Intermediate Report, main- taining that two of the challenged ballots which the Regional Direc- tor recommended be counted were cast by persons ineligible to vote in the election. Since the two ballots could not affect the results of the election; we need not consider the objections. Even if all the challenged ballots which the Regional Director held should be counted and the one challenged ballot upon which he did not rule were cast in favor of the Bakery and Confectionery Workers International Union of America, it did not receive a majority of the total ballots cast. Accordingly we find that the election shows that no collective bar- gaining representative has been designated by a majority of the employees. The petition for investigation and certification of rep- resentatives of employees of National Candy Company, Inc., at its Veribrite Factory 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 Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of National Candy Company, Inc., at its Veribrite Factory, Chicago, Illinois, filed by Bakery and Confectionery Workers International Union of America, be, and it hereby is, dismissed. MR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Supplemental Decision and Order.