Armour and Co. of Delaware

In the Matter of ARMOUR AND COMPANY OF DELAWARE and FEDERAL LOCAL UNION No. 21088 OF THE AMERICAN .FEDERATION OF LABOR Case No. R-1949 SUPPLEMENTAL DECISION AND ORDER November 27, 1946 On August 23, 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 September 19, 1940, under the direction and supervision of the Regional Director for the Second Region (New York City ). On October 31, 1940, the Board issued a Supplemental Decision and Direction 2, Pursuant to the Supplemental Decision and Direction, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Supplemental Election Report. No objections to the Supplemental Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote_____________ ------------------------------ __ 287 Total number of ballots cast --------- __--------------------- 263, Total number of valid ballots -------------------------------- Total number of votes in favor of Federal Local Union No. 256 21088 of the American Federation of Labor________________ 128 Total number of votes in favor of United Protective Associa- tion of Armour Soap Works Employees, Inc---------------- 125 Total number of votes in favor of neither union_____________ 3 Total number of blank votes -------------------------------- 0 Total number of void ballots________________________________ 0 Total number of challenged ballots not considered valid by the Board and therefore not opened and counted----------- 7 126 N. L R. B. 1046. 9 27 N. L. R. B. 1193. 28 N. L. R. B., No. 25. 152 I ARMOUR AND COMPANY OF DELAWARE 153 In view of the fact that none of the three preferences on the ballot received a majority of the ballots cast in the election and that the Federal Local Union No. 21088 of the American Federation of Labor received a plurality of the ballots cast, the labor organizations in- volved were advised of their right to request, within 5 days from the receipt of the Supplemental Election Report, that the Board direct a run-off election. No such request was made of the Board. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees within an appropriate unit. The petition of the" Federal Local Union No. 21088 of the American Federation of Labor, for investigation and certification of representatives of employees of Armour and Com- pany of Delaware, 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 cer- tification of representatives of employees of Armour and Company. of Delaware, North Bergen, New Jersey, filed by Federal Local Union No. 21088 of the American Federation of Labor, be, and it hereby is,-dismissed. CHAIRMAN HARRY A. MH.LIs took no part in the consideration of the above Supplemental Decision and Order.