Weinberger Sales Co., Inc.

In the Matter Of WEINBERGER SALES Co., IN C. and UNITED DOCK & FRUIT WORKERS UNION, FOR AFFILIATION WITII THE C. I. O. Case No. R-2030 SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION November 27,,1940 On October 5, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election in the above-entitled proceeding.' Pursuant to the Direction of Election, a secret ballot was conducted on October 25, 1940, under the direction and supervision of the Regional Director for the Fifteenth' Region (New Orleans, Louisiana) among certain employees of Weinberger Sales Co., Inc., New Orleans, Louisiana, herein called the Company. On October 29, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued an Election Report upon the sec- ret ballot, copies of which were duly served upon the parties. No ob- jections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : - Total on eligibility list______________________________________ 540 Total ballots challenged____________________________________ 0 Total blank ballots ------------------------------------------ 0 Total void ballots___________________________________________ 0 Total valid ballots cast ---------------- __-_---_--_________-_ 54 Total votes cast for United Dock and Fruit Workers ---------- 52 Total votes cast against United Dock and Fruit Workers -------- 2 The Regional Director recommended that, in view of the small num- ber of those eligible to vote participating, the Board dismiss the pe- tion without prejudice. ' We find that the balloting failed to result in a representative vote. Rather than dismiss the petition, however, we shall, in view of the 127 N. L. R B. 670 28 N. L. R. B., No. 26. 154 WEINBERGER SALES CO., INC. 155 nature of the employment of the employees involved,2 direct that fur- ther balloting be held. We shall exclude from such further balloting those employees who voted on October 25,1940. The results of the ,balloting on, both occasions will be considered together in order to determine the question concerning representation which has arisen. SECOND DIRECTION OF 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it -is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Weinberger Sales Co., Inc., New Orleans, Louisiana; further balloting shall be conducted as early as possible, but not later than thirty (30) days from-the date of this Direction, under the direction and supervision of the Regional Director for the Fifteenth Region, 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 dock workers employed by the Company in loading and unloading vessels whose names appear on either the August 12, 1940, or August 21, 1940, pay roll of the Company, including checkers and regular inspectors, but excluding foremen, special inspectors, watch- men, paymasters, superintendents, deputy sheriffs, and clerical and office employees, and also excluding those employees who voted on October 25, 1940, to determine whether or not they desire to be repre- sented by United Dock and Fruit Workers Union for the purposes of collective bargaining; and IT IS FURTHER DIRECTED that the Regional Director shall issue a further Election Report in the matter, including a tabulation .of the ballots cast at the previous balloting as well as those cast at the bal- loting directed herein. - -- - - CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Supplemental Decision and Second Direction of Election. 2 The employees involved are dock workers engaged in unloading bananas from a boat of the Company. The boat makes three or four trips a month. The same employees do ,not always unload each boat.