Edward & John Burke, Ltd.

In the Matter 'of EDWARD & JOHN BURKE, LTD. amid AMERICAN FEDERA - TION OF OFFICE EMPLOYEES, LocAL 20940, Case No. R-2962 SUPPLEMENTAL DECISION' AND DIRECTION D, ecember 5, I9!c1 On' October 11,'1941,; the National Labor Rehition's Board issued a'-Decision 'and Direction of Election' in 'the above-entitled proceed- in^s.l Pursuant to the Direction of Election, an election by secret ballot was conducted on October 28, 1941, under 'the -direction and supervision of the Regional Director for the Second Region (New York City). On November 18, 1941, the Regional' Director, acting pursuant to Article' III, Section 9, of National Laboi 'Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No'objections to the conduct of the ballot or'to the Election Report have been filed by any of the parties. As to the"balloting and its results, the Regional Director reported as follows : Total Number Eligible to Vote-------------------------------- 19 Total Number of Ballots Cast-------------------------------- 19 Total Number of Valid Ballots------------------------------- 17 Total Number of Votes in favor of American Federation of Office Employees, Local 20940------------------------------------ 9 Total Number of Votes against aforementioned union---------- 8 Total Number of Blank Votes-------------------------------- 0 'Total Number of Void Ballots -------_"------------------------ 0 Total Number of Challenged Votes--------------------------- 2 With respect to the two challenged ballots, the Regional Director reported that they were cast by J. Simon and H. E. Gundlach. Simon transmits orders to employees and is listed on the Company's pay roll as an office employee. Gundlach is a cashier and his name appears on the Company's pay roll as an office employee. The Regional Di- rector recommended in her Election Report that the challenges be overruled and that the ballots of these two employees be declared '36 N. L.R.B 64. 37 N. L. R. B., No. 53. 326 EDWARD & JOHN BURKE, LTD. 327 valid and counted. No objection to this recommendation has been filed by American Federation of Office Employees, Local 20940, the only union involved herein, or by the Company. We find that Simon and Gundlach were eligible to vote and that their ballots are valid. We shall, therefore, direct that the Regional Director open and,count the ballots of Simon and Gundlach and issue a Supplemental Election Report. DIRECTION • ' By virtue of and pursuant to the power vested in the ' iVatiohal 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 DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives ifor `the purposes of' collective bargaining with Edward & John Burke, Ltd., New York City, the Regional Director for the Second Region' (N'ev 'York City) shall, pursuant to said Rules and Regulations and subject to Article III, Section 9, thereof, 'withinn tent (10) days from the date of this Direction, open and couiit • the challenged ballots of ' J. Simon and H.' E. Gundlach, herein declared valid, and shall' thereafter prepare and 'cnuse'to be served upon the parties to' this, proceeding a Supplemental Election Report embodying therein her findings ' and 'recommendations as the results of the balloting. '