Dorset Foods Ltd.

In the Matter of DORSET FOODS LTD and WHOLESALE AND WAREHOUSE WORKERS UNION, LOCAL 65, C I. O. In the Matter of DORSET FOODS, LTD and UNITED WHOLESALE & WARE- HOUSE EMPLOYEES UNION, LOCAL 65, C. I O. and PICKLE WORKERS, CONDIMENT & FOOD PACKERS UNION, AFFILIATED WITH C. T. L. C OF - A. F. OF L. AND U. H. T., LOCAL 124. Cases Nos. R-3635 and R-3636 SUPPLEMENTAL DECISION AND DIRECTION July 18, 194 On April 16, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings i Pursuant to the Direction of Election, an election by secret ballot was conducted on April 23, 1942, under the direction and supervision of the Regional Director for the Second Region (New York City) _ On May 28, 1942, the said Regional Di- rector, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. As to the balloting and the results thereof, the Regional Director reported as follows : Total Number Eligible to Vote------ ------------------------ 87 Total Number of Ballots Cast ------------------ --------------------------------- 86 Total Number of Valid Ballots ------------------------------ 71 Total Number of Votes in favor of Wholesale & Warehouse Workers Union, Local 65, C I 0---------------------------- 39 Total Number of Votes in favor of Pickle Workeis, Condiment & Food Packers Union, C T L C of A F of L and U H T, Local 124------------------------------------------------- 31 Total Number of Votes cast for Neither Union-------------- 1 Total Number of Blank Votes------------------------------- 0 Total Number of Void Ballots------------------------------- 0 Total Number of Challenged Votes-------------------------- 15 Since the results of the election necessitated a determination of the validity of the challenged votes, the Regional Director included in 1 40 N L R B 609 42 N L R B , No 125.- 618 DORSET FOODS LTD. 619 the Election Report certain facts and recommendations as to the challenged ballots The Regional Director i ecomn'iended that the challenges to the ballots of Pura Alonso, Madeleine Fader, Celia Hirsch, and Mercedes Guera, be sustained and their votes not counted, and that the challenges to the ballots of Milton Prawl, Floyd Sheldon, Roger Nunez, Amanda Hill, and Raye Atlas be overruled and their votes counted. No objections to these recommendations were filed by any of the parties, and the recommendations of the Regional Director as to these nine challenges are hereby accepted by the Board The Regional Director also recommended that the challenges to the ballots of Irene Gimbelain, Ruth O'Mara,2 L LaDuke, and Marguerite Guinn, be sustained and their votes not counted, and that the chal- lenges to the ballots of Fay Fabino and Mary Despotovich be over- ruled and their votes counted Objections to the Regional Director's recommendations as to these six challenges 3 as well as to other matters pertaining to the election were thereafter filed by Dorset Foods, Ltd, and by Pickle Workers, Condiments & Food Packers Union, Local 124, A F of L. On July 7, 1942, the said Regional Director issued a Report on Objections to Election Report affirming her original recommendations as'to the six challenged ballots last mentioned above and finding no merit to the other objections made to the election The Board, hav- ing fully considered the facts as set forth in the reports and the ob- jections hereby accepts the Regional Directoi's recommendations and findings except as to the challenges to the ballots of Ruth O'Mara and Ii ene Gimbelain Ruth O'Mara -Statements furnished by O'Mara and the Company establish that, while previously engaged primarily as a demonstrator, since January 1942, O'Mara has spent a major portion of her time as an office employee and only a small portion of her time in selling.' Al- though this change in duties was occasioned by the reduction of operations resulting from the, tin shortage, it cannot be said nor is it established that this change is so temporary that O'Mara does not have a sufficient interest to entitle her to participate in the selection of a baigaining representative for office employees Accoidingly we do not accept the recommendation of the Regional Director and shall direct that O'Mara's vote be counted Irene Gzm,belain -A statement furnished by the Company asserts that on April 13, 1942, 10 days before the election, Gimbelain asked for and received a leave of absence The Regional Director's recom- 2 Variously designated as Ruth O'Hara and Ruth O 'Mara in the reports and objections. 2 The A F of L objected to the recommendations as to all six, the Company objected to all except the recommendation as to Mary Despoto ich 4 The unit found appropiiate by the Board included office employees but excluded sales- men 620 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mendation that Gimbelain's vote not be counted is predicated upon a statement made by Gimbelain's sister on June 17, 1942, to the effect that Gimbelain had "quit" and had no intention of retuining to work for the Company Since the statement of Gimbelaui's sistei is not in- consistent with the Company's contention that at the time of the elec- tion, Gimbelain was on leave of absence, we do not accept the recom- mendation of the Regional Dii ector and -%w ill dii ect that Gimbelain's vote be counted The Board has consideied the other matteis raised by the objections and finds them to be without meiit. DIRECTION By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat 449, and puisuant to Aiticle III, Sections 8 and 9, of National Laboi Relations Boaid Rules and Regulations--Series 2, as amended, it is heieby DIRECTED that, as part of the investigation authoiized by the Board to ascertain i epi esentatives foi the puiposes of collective bargaining with Dorset Foods, Ltd, New York City, the Regional Director for the Second Region (New Yoik City) shall, puisuant to said Rules and Regulations, and subject Aiticle III, Section 9, thereof, within 10 days from the date of this Direction, open and count the ballots of Milton Prawl. Floyd Sheldon, Roger Nunez, Amanda Hill, Raye Atlas, Fay Fabino, Mary Despotovich, Ruth O'Maia (or O'Hara), and Iiene Gimbelain, and shall thereafter piepaie and cause to be served upon the parties a Supplemental Election Report embodying her findings theiem and recommendations as to the results of the balloting MR GERARD D REILLY took no part in the consideration of the above Supplemental Decision and Direction.