M. Lowenstein & Sons, Inc.

In the Matter of M. LOWENSTEIN & SONS, I NC. and LOCAL 16, UNITED, OFFICE & PROFESSIONAL WORKERS OF AMIERICA, C. I. O: Case No. R-2433 SUPPLEMENTAL DECISION AND ORDER October 28, 1941 On May 31, 1941, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election 1 in the above- entitled matter, directing that an election by secret ballot be conducted among employees found therein to constitute an appropriate unit, ' to determine whether or not they desired to be represented by Local 16, United Office & Professional Workers of America, C. 1. 0., herein called the Union, for the purposes of collective bargaining. Pursuant to the Direction of Election, an election by secret ballot was conducted on June 26, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On July 18, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report setting forth the following results of the aforesaid election : Total number eligible to vote________________________________ 389 Total number of ballots cast_________________________________ 386 Total number of valid ballots_______________________________ Total number of votes in favor of Local 16, United Office & 360 Professional Workers of America, C. I. 0____________________ 168 Total number of votes against aforementioned Union__________ 192 Total number of blank votes________________________________ 0 Total number of void ballots_________________________________ 0 Total number of challenged votes ---------------------------- 26 With reference to the challenges, the Regional Director sustained 7 challenged ballots as those of voters not within the unit found appro- priate by the Board and did not pass upon the remainder of the chal- lenged ballots because they could not affect the outcome of the election.. Since no collective bargaining representative was selected as a result 132 N. L. R. B., No. 45. 36 N. L. R. B., No. 90. .457 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the election, the Regional Director in her Election Report recom- mended that the Board dismiss the petition of the Union unless objec- tions were filed to the Election Report within five (5) days. On July 19, 1941, the Regional Director upon request and pursuant to notice to all parties, .granted the Union until August 7, 1941, -to file objections to-her Election Report. On August 7, 1941, the Union filed objections to the Election Report alleging acts of interference on the part of the Company in connection with the election. On Septem- ber 30, 1941, the Regional Director issued her Report on Objections, which was duly served upon the parties, stating therein that the objec- tions filed by the Union raised substantial and material issues with respect to the conduct of the election, and recommending that the. Board hold a hearing on said objections. In considering the recommendation of the Regional Director the Board takes notice of the fact that the Board, on May 13, 1941, peti- tioned the United States Circuit Court of Appeals for the Second Circuit-to. adjudge the Company and certain of its officers in contempt for violation of a prior decree enjoining the Company from engaging in certain unfair labor practices.2 On July 8, 1941, the United States Circuit Court of Appeals for the Second Circuit, entered its decision in the contempt proceedings and-referred the matter to a Special Master for the taking of evidence.3 On July 21, 1941, the Court signed an order of reference to the Special Master. The facts alleged in the petition'of the Board in the con- tempt proceeding are substantially the same or closely related to those alleged by the Union in its objections to the election herein. The relief sought by the Board in the contempt proceeding, if granted, will remedy -the objections to the election filed by the Union. Under these circum= .stances we shall not direct a. hearing on Objections to Election Report filed by the Union, and we shall dismiss the petition of the Union for investigation and certification of representatives without prejudice. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Sections.8 and 9, of National Labor Relations .Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of M. Lowenstein & Sons, Inc. New York City, filed by Local 16, United Office & Professional Work- ers of America, C. I. 0., be,' and it hereby is, dismissed without .prejudice. ' 2 Matter of M. Lowenstein & Sons, Inc. and Bookkeepers', Stenographers' and Account- ants' Union, Local No. 16, United Office & Professional Workers of America, O. .I. -0., ,6 N. L. R. B. 216. Consent decree entered United States Circuit Court of Appeals for the Second Circuit, October 24, 1938. ON. L..R. B. v. M. Lowenstein & Sons, Inc., et al., 121 F. (2d) 673 ( C. C. A. 2).