David Kahn, Inc.

In the Matter of DAVID KAHN, INC. and LOCAL 22500 OF TEE AMERICAN FEDERATION OF LABOR Case No. R-0446 SUPPLEMENTAL DECISION AND ORDER July 04, 1941 9 On May 3, 1941,-the National Labor Relations 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 29, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On June 25, 1941, the Regional Director acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an election report. As to the ballots and its results, the Regional Director reported as follows : Total number eligible to vote ---------- ------- ---------------- 463 Total number of ballots cast--------------------------------- 453 Total number of valid ballots-------------------------------- 441 Total number of votes in favor of Patent Pen and Pencil Workers Local #22500, affiliated with the American Federa- tion of Labor--------------------------------------------- 216 Total number of votes against the aforementioned Union ------ 225 Total number of void ballots-------------------------------- 0 Total number of blank votes--------------------------------- 2 Total number of challenged votes---------------------------- 10 With respect to the ballots of three employees, Giovanni Piezzo, Elvira Piezzo, and Maria Panzino, which were challenged by Pat- ent Pen and Pencil Workers Local #22500, affiliated with the Amer- ican Federation of Labor, the Regional Director recommended that said ballots be declared invalid for the reason that the above-named employees were hired after the pay-roll period by which eligibility 1 31 N L. R. B. 578. 33 N. L. R. B., No. 135. 770 D'AVLD KAHN, 'INC. 771 to vote in the election was determined and, consequently, were in- eligible to vote in the election. Since the determination of the valid- ity of the remaining seven challenged ballots could have no effect upon the results of the election, the Regional Director made no rul- ings upon them. No objections to the conduct of the ballot or to the election report have been filed by any of the parties. We accept the recommendation of the Regional Director and find that the ballots of above three employees are invalid. The results of the election show that no collective bargaining representative has been selected by a majority of the employees of David Kahn, Inc., herein called the Company, in the unit heretofore found to be appropriate for the purposes of collective bargaining. The petition for the investigation and certification of representatives, of employees of the Company 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of David Kahn, Inc., North Bergen, New.Jersey, filed herein, be, and it hereby is, dismissed. 450122-42-vol. 33-50