Southern Engraving Co.

In the Matter of CONSTITUTION PUBLISHING COMPANY , DOING BUSINESS AS SOUTHERN ENGRAVING COMPANY and INTERNATIONAL PHOTO- ENGRAVERS' UNION OF NORTH AMERICA (AFL) Case No 8330 SUPPLEMENTAL DECISION AND ORDER Judy 10, 194 9 On March 16, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding 1 Pursuant to the Direction of Election, an election by secret ballot was conducted on March 27, 1942, under the direction and supervision of the Board's Acting Regional Director for the Tenth Region (Atlanta, Georgia) On March 28, 1942, the Acting Regional Dnector, acting pursuant ,to Article 111, Section`9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued an Election Report, copies of which were duly served upon the,pat ties As touthe balloting and the results thereof, the Acting Regional Director reported as follows Total ballots cast----------------------------- ------- ------ 25 Total ballots chill.enged------------------------------------ 0 Total Void ballots------------------------------------------ 0 Total Valid votes counted----------------------------------- 25 Votes cast for International Photo-EngiaNeis' Union of North Arueiica--------------------- ---------------------------- 10 Votes cast against above Union------------------------------ 15 Objections to the Election Report were filed by International Photo- Engravers' Union of North America (AFL), herein called the Union, on March 31, 1942, and an answer_to these objections was,thereafter filed by Constitution Publishing Company, doing business as Southern Engraving Company, herein called the Company On Api11 1, 1942, the Union filed with the Acting Regional Director a charge in Case No X-C-1121, alleging that the Company had engaged in and was engaging in unfair labor practices within the meaning of Section 139 N L R B 860 42NLRB,No64 270 SOUTHERN ENGRAVING COMPANY 271 8 (1) of the National Labor Relations Act, herein called the Act 2 Thereafter, the Acting Regional Director, on April 28, 1942, issued his Repoit on Objections, and the Board, on April 29, 1942, issued an order consolidating Cases No R-3530 and No X-C-1121 On May 13, 1942, the Boaid issued an ordei du ecting a hearing on the Union's objections to the Election Report in Case No. R-3530, and on May 16, _1942, the Boai d, by its Acting Regional Director, issued a complaint in Case No X-C-1121 Copies of the complaint and 'of ' notice' bf ,hear ing in the consolidated cases were duly seived on `+the pasties Thereafter, piioi to healing in the consolidated cases, the Company, the Union, and an attorney for the Boaid entered into a stipulation in settlement of the cases, subject to the approval of the Board The stipulation provided, in part, for severance of Cases Nos R-3530 and X-C-1121, for the setting aside of the election of March 27, 1942, and for appiopilate disposition by the Board of Case No R-3530 By oidei dated July 2, 1942, the Board approved the stipulation and severed 'Cases No R-3530 and No X-C-1121 - We shall, in accordance with the stipulation of the parties, set aside the election of March 27, 1942 It will, in our,opinion, best effectuate the purposes of the Act if the Union's petition in Case No R-3530 is dismissed, but the dismissal shall be without prejudice to the filing of a new petition ORDER By virtue of and pus scant to the poi es vested inn- the National Labor Relation5_Boaid by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to National Labor Relations Board Rules and Regulations-Series 2, as amended IT IS HEREBY ORDERED that the election held on Maich 27, 1942, among employees of Constitution Publishing Company, doing busl- ness as Southern Engraving Company, Atlanta, Georgia, be, and it heleb-, is, vacated and set aside, AND IT IS FURTIIER ORDERED that the petition foI investigation and certification of representatives filed herein by Inteinational Photo- Engravers' Union of North America (AFL) be, and it hereby is, dismissed without prejudice 2The charge in Case No X-C-1121 contained allegations of interference restraint, and coercion on the pact of the Company similai to those contained in the Unions previously filed objections to the Election Repoi t