S. & W. Cafeteria of Washington, Inc.

In the Matter of S. & W. CAFETERIA OF WASHINGTON , INCORPORATED and UNITED CAFETERIA EMPLOYEES LOCAL INDUSTRIAL UNION #471 Case No. R-1682 SUPPLEMENTAL DECISION AND ORDER May 1, 1940 On February 6, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be conducted within thirty (30) days from the date of the Direction among the employees in the dining room and kitchen of the S. &. W. Cafeteria of Washington, Incorporated, herein called the Company, such as bus employees, counter attendants, steamtable servers, and general helpers, but ex- cluding managers, supervisors, cashiers, checkers, clerical help, and those who had since quit or been discharged for cause, to determine whether or not they desire to be represented by United Cafeteria Employees Local Industrial Union #471, herein called the Union, for the purposes of collective bargaining. Pursuant to the Direction, the election by secret ballot was held on March 1, 1940, at Washington, D. C., under the direction and supervision of the Regional Director for the Fifth Region. On March 20, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Reg- ulations-Series 2, as amended, issued and duly served on the par- ties an Election Report containing a tally of the ballots. In his report the Regional Director certified that the ballot was fairly and impartially conducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to such effect had been filed with him by the observers. As to the balloting and its results, the Regional Director reported as follows : 1. Number of employees eligible to vote____________________ 176 2. Total number of ballots cast_____________________________ 173 120 N. L. R. B. 259. 23 N. L. R. B., No. 35. 489 490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Number of votes counted________________________________ 155 4. Number of votes for the United Cafeteria Employees Local Industrial Union #471_________________________________ 70 5. Number of votes against the United Cafeteria Employees Local Industrial Union #471_______________________ 85 6. Number of blank ballots -------- _--------------- _------ 0 7. Number of void ballots__________________________________ 0 8. Number of challenged ballots____________________________ 18 In his Election Report, the Regional Director ruled on the chal- lenged ballots, sustaining three and overruling five of the challenges made by the Union, overruling nine challenges made by the Com- pany, and deferring disposition of the tenth.2 The Union has filed no objections to the Election Report.8 On March 26, 1940, the Company filed an objection to the Election Report. On April 1, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Reg- ulations-Series 2, as amended, issued and served upon the parties his Report on Objection to the Election Report. We find that the objection filed by the Company does not raise a substantial or material issue with respect to the conduct of the ballot or the Election Report. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees in the appropriate unit. The petition of United Cafeteria Employees Local Industrial Union #471 for investigation and certification of representatives of employees of S. & W. Cafeteria of Washington, Incorporated, 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 2, as amended, it is hereby ORDERED that the petition for investigation and certification of representatives of employees of S. & W. Cafeteria of Washington, Incorporated, Washington, D. C., filed by United Cafeteria Em- ployees Local Industrial Union #471, be, and it hereby is, dismissed. 2 The Regional Director recommended that final determination of the question concern- ing representation be deferred pending further investigation in the event that a ruling on the validity of this challenge can affect the results of the election we find that a ruling on this ballot is immaterial to a present disposition of this matter, as the chal- lenged ballot cannot alter the results of the election. 8 The Regional Director received, on March 7, 1940, a letter from the Union alleging that the Company had unfairly influenced the results of the election The Regional Direc- tor explained to the union representative that objections of this nature had to be made in conformity with Board Rules and Regulations following receipt of his Election Report. The Union has not complied with these instructions.