Brown Paper Goods Co.

In the Matter of BROWN PAPER GOODS Co. and UNITED PAPER NOVELTY & Toy WORKERS INTERNATIONAL UNION, LOCAL 148 (C. 1. 0.) Case No. R-2781 SUPPLEMENTAL DECISION AND DIRECTION December 4, 1941 On August 22, 1941, 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, an election by secret ballot was conducted on September 11, 1941, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On October 25, 1941, the- Regional Director, acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows: Total number on eligibility list________________________________ 52 Total number of ballots cast__________________________________ 51 Total number of ballots cast for the Union -------------------- 24 Total number of ballots cast against the Union________________ 20 Total number of ballots challenged____________________________ 7 Total number of void ballots__________________________________ 0 Total number of blank ballots________________________________ 0 In his Election Report the Regional Director recommended that the challenges as to 6 ballots, those of Gertrude Bloomer, Tom Dixon, Frank Zika, Joseph Tazbier, Richard Kitzig, and Arthur Lilla, be sustained because of the supervisory status of these employees, and that the seventh challenge, as to Edward Doolin, on the ground that he was not an employee of the Conipa ny, be overruled. He further recommended that, since Doolin's ballot could not affect the results of the election, it should not be opened. 1 34 N. L. R B, No. 93. 37 N. L. R. B, No. 43. 258 BROWN' PAPER CO. 259 Thereafter, the Company filed objections to the Regional Director's recommendation that the challenges to the ballots of Bloomer, Dixon, Zika, Tazbier, Kitzig, and Lilla be sustained. It did not object to the Regional Director's recommendation as to the ballot of Doolin. On November -18, 1941, the Regional Director issued his Report on Ob- jections, affirming his prior recommendations. We find that, as to Bloomer, Dixon, and Kitzig, the Regional Di- rector properly sustained the challenges to their ballots because they are supervisory employees. In our Decision and Direction of Elec- tion we found that pressmen and compositors, among others, were within the appropriate unit and were, therefore, eligible to vote. Zika and Tazbier are classified as pressmen; Lilla is listed by the Company as a compositor. There are no other pressmen; and there is only one other employee, in the department in which Lilla works. The facts set forth in the Election Report and the Objections thereto disclose that Zika, Tazbier, and Lilla are skilled employees but that their duties are not of such character as to warrant classifying them as supervisory. We find that the duties of Zika, Tazbier, and Lilla are not supervisory. The challenges to their ballots are, therefore, overruled. We shall direct that their ballots be counted. Since the ballot of Doolin may affect the results of the election, we shall also direct that his ballot be counted. DIRECTION By virtue of and pursuant to the power vested in . the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions 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 DIREc rr:.D that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Brown Paper Goods Co., Chicago, Illinois, the Regional Direc- tor for the Thirteenth Region (Chicago , Illinois) shall, pursuant to said Rules and Regulations, and subject to Article III, Section 9 thereof, within ten (10 ) days from the date of this Direction, open and count the challenged ballots of Frank Zika, Joseph Tazbier, and Arthur Lilla, herein declared valid, and the ballot of Edward Doolin, and shall thereafter prepare and cause to be served upon the. parties to this proceeding a Supplemental Election Report embodying therein his findings and recommendations as to the 'results of the balloting. Mrz. GERARD D. REILLY took 110 part iu the consideration of the above Supplemental Decision and Direction.