Sylvania Industrial Corp.

In the Matter Of SYLVANIA INDUSTRIAL CORPORATION aid RETAIL, WHOLESALE AND DEPARTMENT STORES EMPLOYEES OF AMERICA, AFFIL- IATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. B-3037.-Decided October 16, 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 appropriate unit. Mr. Earle K. Shawe, for the Board. Mr. Ralph Williams, of Atlanta, Ga., for the Company. Mr. C. H. Gillman,, of Atlanta, Ga., for the Union. Mr. Sydney S. Asher, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 16, 1941, Retail, Wholesale and Department Stores Em- ployees of America, affiliated with the Congress of Industrial Organiza- tions, herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees at Sylvania Industrial Corporation, Atlanta, Georgia, herein called the Company, engaged in the business of processing and selling of cellophane paper, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 29, 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 on due notice. On August 30, 1941, the Company, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." 36 N. L. R. B., No. 26. 154 SYLVANIA.INDUSTRIAL CORPORATION 155 Pursuant to the Stipulation, an election by' secret ballot was con- ducted on September 9, 1941, under the direction and supervision of the Regional Director, among all of the warehouse and starch-room employees of the Company, exclusive of the foreman and the shipping clerk, whose names appeared on the Company's pay roll for the week ending August 29, 1941, to determine whether or not they desired to be represented for the purposes of collective bargaining by Retail, Wholesale and Department Stores Employees of America (C. I. 0.). On September 11, 1941, the Regional Director issued and duly served upon the parties his 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 his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total number eligible---------------------------------------- 27 Total ballots cast--------------------------------------------- 27 Total number„ of ballots cast for Retail, Wholesale and Depart- , ment Stores Employees-of America (C. I. 0.)----------------- 11 Total number of ballots cast against Retail, Wholesale and Department Stores Employees of America (C. I. 0.) ---------- 15 Total number' of challenged ballots---------------------------- 1 Total number of void ballots---------------------------------- 0 Total number of blank ballots-------------------------------- 0 Since the single challenged ballot cannot affect the result of the election, we find it unnecessary to pass upon the challenge. The results of the election show that no collective bargaining rep- resentative has been chosen by a majority of the employees in the bar- gaining unit herein found to be appropriate . The petition for investi- gation and certification of representatives of employees of Sylvania Industrial Corporation , Atlanta, Georgia , will therefore be dismissed. Upon the basis of the Stipulation , the Election Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Sylvania Industrial Corporation, Atlanta, Georgia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All of the warehouse and starch-room employees of the Company, exclusive of the foreman and the shipping clerk, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 156` DECISIONS OF NATIONAL- LABOR RELATIONS' BOARD 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 certifi- cation of representatives of employees of Sylvania Industrial Corpora- tion, Atlanta, Georgia, filed by Retail, Wholesale and Department Stores Employees of America, affiliated with the Congress of Industrial: Organizations, be, and it hereby is, dismissed.