Silvray Lighting Inc.

In the Matter of SILVRAY LIGHTING INC. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION No. 3 Case No. R-1552 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES March 11, 1940 On December 26, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.,, Pursuant to the Direction of Elec- tion, an election by secret ballot was conducted on January 16, 1940, under the direction and supervision of the Regional Director for the Second Region (New York City). On February 3, 1940, the Re- gional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued her Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote------------------------------- 34 Total number ballots cast----------------------------------- 46 Total number of valid ballots------------------------------- 32 Total number of votes in favor of- International Brotherhood of Electrical Workers, Local Union No. 3-------------------------------------------- 18 United Electrical, Radio and Machine Workers of America, Local No. 1227----------------------------------------- 14 Total number of votes in favor of neither organization------- 0 Total number of blank ballots------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of challenged ballots-------------------------- 14 Two of the challenged ballots were those of Peter Anderson and Edward Menghini whom the Board had expressly named in its Direc- tion of Election as being eligible to vote. The Regional Director overruled those challenges and, after counting the ballots of Ander- 18 N L. RK B. 719. 21 N. L. R. B., No. 39. 462 SILY'RAY LIGHTING INC. 463 son and Menghini, reported as follows as to the results of the balloting : Total number of ballots cast-------------------------------- 46 Total number of valid ballots------------------------------ 34 Total number of votes in favor of- International Brotherhood of Electrical Workers, Local Union No. 3-------------------------------------------- 20 United Electrical, Radio and Machine Workers of America, Local No. 1227----------------------------------------- 14 Total number of votes in favor or neither organization------ 0 Total number of blank ballots------------------------------ 0 Total number of void ballots-------------------------------- 0 Total number of challenged ballots-------------------------- 12 The Regional Director did not rule upon the remaining challenges but, referred:. them to the Board since they concern matters con- sidered by the Board in its Decision and Direction of Election herein. These 12 challenges were made to the ballots of temporary employees who were not employed both during the 4-month period immediately preceding May 1, 1939, and also during the pay-roll period immediately preceding the date of the Direction of Election. They therefore were not eligible to vote in the election and the challenges as to them are sustained. On February 16, 1940, United Electrical, Radio and Machine Workers of America, Local No. 1227, herein called the U. E. R. M. W., filed with the Regional Director Objections to the Election Report. On February 27, 1940, the Regional Director, 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 her Report on Objections, referring the Objections to the Board. The Objections raise substantially the same questions as were raised by the challenges. In addition, the U. E. R. M. W. claims that the vote of one Escheverria, whose ballot was destroyed at the conclusion of the balloting, should be counted if his vote will affect the result of the election. His vote, obviously, cannot affect the re- sult of the election. The Board has considered the Objections to the Election Report and finds that they do not raise substantial or material issues with respect to the conduct of the ballot or the Election Report and the Objections are hereby overruled. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 464 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD 9, of National Labor Relations Board Rules and Regulations— Series 2, as amended, IT IS HEREBY CERTIFIED that International Brotherhood of Elec- trical Workers, Local Union No. 3, has been designated and selected by a majority of the production and maintenance employees of Silvray Lighting, Inc., Long Island City, New York, engaged in the processing of lamps and packing and shipping of electrical lighting fixtures, excluding employees in the wiring, fitting, and assembly department, managers, foremen, and office employees, as their rep- resentative for the purposes of collective bargaining and that, pur- suant to Section 9 (a) of the National Labor Relations Act, Inter- national Brotherhood of Electrical Workers, Local-Union No. 3, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.