Edwards and Co., Inc.

In the Matter of EDWARDS AND COMPANY, INC. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFFILIATED WITH THE AMERI- CAN FEDERATION OF LABOR Case No. R-2933-Decided September 8,1941 Practice and Procedure : petition dismissed where results of an election, held pursuant to a stipulation for certification upon consent election, show that no representative has been selected by a majority of the employees in the appro- priate unit. Mrs. Elinore M. Herrick , for the Board. Mr. Henry Clifton, Jr., for the Company. Mr. Francis X. Moore, of West Hartford , Conn., and Mr. William Steinmiller, for the Union. Mr. Dan M. Byrd, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 2,1941, International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Edwards and Company, Inc., herein called the Company, engaged in the manufac- ture, sale, and distribution of electrical devices at Norwalk, Connecti- cut, and requesting an investigation and certification of representa- tives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 8, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On Au- gust 5, 1941, the Company, the Union, and the Regional Director en- tered into a "STIPULATION FOR CERTIFICATION OF REPRE- SENTATIVES UPON CONSENT ELECTION." 35 N L. R B, No. 58. i 297 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, an election by secret ballot was con- ducted on August 14, 1941, under the direction and supervision of the Regional Director among all production and maintenance em- ployees of the Company, excluding supervisory and office employees, to determine whether or not they desired to be represented by the Union. On August 18, 1941, the Regional Director issued and duly served ,upon the parties her Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In her Election Report the Regional Director reported as follows concerning the balloting and its results : Total number eligible to vote______________________________ 272 Total number of ballots cast ------------------------------- 264 Total number of valid ballots______________________________ 263 Total number of votes in favor of International Brotherhood of Electrical Workers, A. F. of L___________________________ 102 Total number of votes against aforementioned union-------- 161 Total number of blank votes______________________________ 1 Total number of void ballots_______________________________ 0 Total number of challenged votes___________________________ 0 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees. The peti- tion for investigation and certification of representatives of employees of Edwards and Company, Inc., Norwalk, Connecticut, will therefore be dismissed. ORDER 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, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Edwards and Company, Inc., Norwalk, Connecticut, filed by International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, be, and it hereby is, dismissed.