Volupte, Inc.

In the Matter of VoLUrrE, INC. and INDEPENDENT EMPLOYEES UNION Case No. R-1742 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES July 24, 1940 On April 16, 1940, 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 Election, an election by secret ballot was conducted on May 13, 1940, at Linden, New Jersey, under the direction and supervision of the Regional Director for the Second Region (New York City). On May 16, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an 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_________________________________ 66 Total number of ballots cast___ ______________________________ 53 Total number of valid ballots _________________________________ 53 Total number of votes for Independent Employees Union______ 35 Total number of votes for International Association of Machin- ists, Lodge 315, A. F. of L_________________________________ 12 Total number of votes for neither____ _________________________ 6 Total number of blank, void, or challenged ballots______________ 0 On May 22, 1940, International Association of Machinists, Lodge 315, affiliated with the American Federation of Labor, herein called the I. A. M.,, filed objections to the Election Report, requesting that the election, be set aside. The I. A. M. objected to the Election Report upon the grounds that 28 persons alleged by the I. A. M. to be ineligible to participate in the balloting were permitted to vote, and that this fact influenced the vote of the eligible voters. On June 21, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- 122 N L It B 1029. 25 N. L. R. B., No. 90. 807 808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions-Series 2, as amended, issued a Report on Objections, copies of which were duly served upon the parties. In her Report on Objections the Regional Director found that of the aforesaid 29, persons alleged to be ineligible only 11 were in fact ineligible, which was an insufficient number to set aside the results of the election; 2 and that there was no evidence to show that any of the eligible voters were influenced by the voting of the ineligible persons. She recom- mended that the objections of the I. A. M. be dismissed. On June 27, 1940, the I. A. M. filed a document captioned "Objec- tions to Findings of Regional Director," in which it reiterated its contention that the election should be set aside because of the par- ticipation therein of ineligible persons. The I. A. M. also requested oral argument before the Board on these objections. The Board has considered the Election Report, the objections to, the Election Report filed by the I. A. M., the Report on Objections to the Election Report, and the Objections to Findings of Regional Director filed by the I. A. M., and finds that the objections filed by the I. A. M. do not present substantial or material issues with respect to the conduct of the ballot or the Election Report, and denies the request of the I. A. M. that the election be set aside. The request of the I. A. M, for oral argument on its objections is also hereby denied. 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 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS IIEREBY CERTIFIED that Independent Employees Union has been designated and selected by a majority of the production and maintenance employees of Volupte, Inc., Linden, New Jersey, exclud- ing tool makers, machinists and their helpers and apprentices, polish- ers, buffers, platers, dippers, enamel colorers, washers, lacquerers, enamel lacquerers, sprayers and their helpers, clerical employees, and supervisory employees, as their representative for the purpose of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Independent Employees Union 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. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives. 2 After these 11 votes are deducted, assuming all 11 voted for Independent Employees Union, this organization still retains at least 24 votes out of a total of 42.