P. Ballantine & Sons

In the Matter Of P. BALLANTINE & SONS, A CORPORATION and WHOLE- SALE LICENSED ALCOHOLIC BEVERAGE SALESMEN'S UNION, #20376-B, BEER DIVISION, A. F. of L. Cases Nos. C-132 and R-1379 .SUPPLEMENTAL DIRECTION OF ELECTION February 9, 1940 On December 29, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election 1 in the above-entitled proceedings, ordering that the respondent cease and desist from certain unfair labor practices and take certain affirma- tive action found necessary to effectuate the policies of the National Labor Relations Act, 49.Stat. 449, and directing that an election by secret ballot be conducted at such time as the Board should in the future direct under the direction and supervision of the Regional Director for the Second Region (New York City). The Regional Director has since advised the Board that an election may appropri- ately be held at this time and further reports that the parties have agreed that those employees within the appropriate unit on the pay roll of January 20, 1940, including James Kennedy, shall be eligible to'participate' in the election... We see no reason for departing from the desires of the parties with respect to the date for determining the eligibility of employees to vote in the election. By virtue of and pursuant to the power vested in the National Labor Relations Board, by Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with .I. _Ballantine & Sons, the election by secret ballot-directed to be con- ducted by the Board's Direction of Election of December 29, 1939, be conducted as early as possible but not later than thirty (30) days from the date of this Supplemental Direction of Election, under the direc- tion and supervision of the Regional Director for the Second Region, 118 N. L. R. B. 1007. 20 N. L. R. B., No. 27. 281 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all the draught- and bottle-beer salesmen employed by P. Bal- lantine & Sons, at its office at 24-16-Ridge Plaza, County of Queens, New York City, whose names appear on the pay roll.of January 20, 1940, including James Kennedy, and employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding sales managers, assistant sales managers, supervisors, cleri- cal employees, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Wholesale Licensed Alcoholic Beverage Salesmen's Union #20376-B, Beer Division, A. F. of L., for the purposes of collective bargaining. I