National Distillers Products Co.

In the Matter of NATIONAL DISTILLERS PRODUCTS Co. and UNITED DISTILLERY WORKERS OF N. A., LOCAL No. 484, AFFILIATED WITH COMMITTEE FOR INDUSTRIAL ORGANIZATION Case No. R-573 SUPPLEMENTAL DECISION AND ORDER October 27, 1138 On March 7, 1938, the National Labor Relations Board, herein called the Board, issued in the above-entitled proceeding a Decision and Direction of Election,, on March 19, 1938, an Amendment to the Direction of Election,2 and on March 23, 1938, a second Amendment to the Direction of Election.2 The Direction of Election, as amended, directed that an election by secret ballot be held among the produc- tion employees of the National Distillers Products Company at its K. D. & W. plant, Louisville, Kentucky, whose names appear on the pay-roll records of the Company during any 4 weeks in the months of October, November, and December, 1937, excluding superintend- ents, office workers, foremen and assistant foremen, foreladies and assistant foreladies, line supervisors, stamp control operators, store- keepers and assistant storekeepers, guards, and mechanics, and ex- cluding also those who had since quit or been discharged for cause, to determine whether or not they desired to be represented by United Distillery Workers of North America, Local No. 484, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on March 24, 1938, at Louisville, Ken- tucky, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). Full opportunity was accorded to all parties to participate in the conduct of the secret ballot and to make challenges. On April 1, 1938, the said Regional Director, 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 his Intermediate Report on the ballot. 15 N. L. it. B. 862. 2 6 N. L. R B. 89. ON.L.R B,No.48 526 DLCISIO_\S AND ORDERS 527 As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote--------------------------------- 715 Total number of ballots cast--------------------------------- 472 Total number of unchallenged ballots for United Distillery Workers of N. A., Local No. 484---------------------------- 220 Total number of unchallenged ballots against United Distillery Workers of N. A., Local No. 484---------------------------- 228 Total number of challenged ballots --------------------------- 30 Total number of blank ballots -------------------------------- 0 Total number of void ballots --------------------------------- 0 Total number of contested ballots ---------------------------- 2 The Regional Director recommended that 22 of the 30 challenged ballots be counted and that the remaining eight challenged ballots and the two contested ballots not be counted. On April 6, 1938, the United filed exceptions to the recommendation of the Regional Director with regard to four challenged ballots which the Regional Director recommended be counted. On June 3, 1938, after due notice to the parties, 'the challenged ballots which the Regional Director recommended be counted and with respect to which no exceptions were filed were counted at the offices of the Board for the Ninth Region, in the presence of repre- sentatives of the parties. Since the counting of such ballots showed that the results of the election would not be affected by the four chal- lenged ballots with respect to which the United filed exceptions, the four ballots were not counted. On June 11, 1938, the said Regional Director issued and duly served upon the parties his Second Intermediate Report. No ex- ceptions to the Second Intermediate Report'were'filed-by any of the parties. As to the final results of the balloting, the Regional Director reported as follows: Total number eligible to vote--------------------------------- 715 Total number of ballots cast--------------------------------- 472 Total number of unchallenged ballots for United Distillery Workers of N. A., Local No. 484, (C I. 0.) ------------------ 220 Total number of unchallenged ballots. against United Distillery Workers of N. A, Local No 484, (C I 0.) ----------------- 228 Number of challenged ballots------------------- .------------- 30 Number of blank ballots ------------------------------------ 2 Number of contested ballots--------------------------------- 2 Number of contested ballots counted------------------------- 0 Number where challenge was allowed------------------------ 12 Result of challenged ballot count : For United Distillery Workers of N. A., Local No 484, (C. I. 0.) ----------------------------------------------- 6 Against United Distillery Workers of N. A., Local No. 484, (C. I. 0 )----------------------------------------------- 12 Grand Total of votes for Local No. 484----------------------- 226 Grand Total of votes against Local No. 484------------------- 240 528 NATIONAL LABOR RELATIONS BOARD The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees of the Company within an 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 Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby ordered that the petition for investigation and certification of representatives of employees of National Distillers Products Company, filed by United Distillery Workers of North America, Local No. 484, affiliated with the Committee for Industrial Organization, be, and it hereby is, dismissed. CHAIRMAN MADDEN took no part in the consideration of the above Supplemental Decision and Order.