Edward & John Burke, Ltd.

In the Matter of EDWARD & JOHN BURKE, LTD. and AMERICAN BROTHERHOOD OF PAPER MAKERS , LOCAL #414, AFFILIATED WITH THE A. F. OF L. Case No. R-3057 SUPPLEMENTAL DECISION AND ORDER January 16, 1942 On November 12, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding., Pursuant to the Direction of Election, an election by secret ballot was conducted on December 10, 1941, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On December 16, 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. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total number on eligibility list ______________________________ 51 Total number of ballots cast --------------------------------- 49 Total number of challenged ballots___________________________ 9 Total blank ballots ----------------------------------------- 0 Total void ballots__________________________'_________________ 0 Total valid ballots cast_____________________________________ 40 Total number of ballots cast for International Brotherhood of Paper Makers, Local #414, affiliated with the A. F. of L______ 16 Total number of ballots cast against International Brotherhood of Paper Makers , Local #414, affiliated with the A F. of L__ 24 Of the nine challenged ballots, two were challenged by the Board agent, six by the Union, and one by the Company. It was stated in the Regional Director's Election Report that the two ballots chal- lenged by the Board agent were those of the Company's night-super- 136 N L R. B. 839. 38 N. L. It. B., No. 72. 346 VOLNE'Y FELT MILLS INC. 347 intendent and shipping clerk, and that both of these men admitted to the Board agent that they were supervisory employees. The Re- gional Director recommended that both challenges be sustained. As above noted, no objections to the Election Report have been filed. Under these circumstances, the challenge of the Board agent as to the two ballots will be sustained. The Regional Director made no recommendations concerning the remaining seven challenged ballots. Since these ballots cannot affect the result of the election, we find it unnecessary to pass upon them. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees of the Company in the unit heretofore found to be appropriate for col- lective bargaining. The petition for investigation and certification of representatives of the Company will therefore be dismissed. ORDER . By virtue of Section 9 (c) of the National Labor, Relations Act,, 49 Stat. 449, .and pursuant to Article III, Sections 8 and 9 of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, the National,Labor Relations Board hereby orders, that the petition for investigation and certification of representatives of employees of Volney Felt Mills Inc., Chicago, Illinois, filed herein, be, and it hereby is, dismissed. .r