Stone-Wright Studios, Inc.

In the Matter Of STONE-WRIGHT STUDIOS, INC. and UNITED PHOTO- GRAPHIC EMPLOYEES UNION, LOCAL 415, U. O. P. W. A., C. I. O. - Case No. R-3441.-Decided January 17, 1940 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. Mrs. Elinore Al. Herrick, for the Board. Mr. Frank V. McMa76on,• of New York City, for the Company. Mr. David Lieberman, of New York City, for the Union. Mr. Robert E. TiUrncai , of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On September 18, 1941, United Photographic Employees Union, Local 415, U. O. P. W. A., C. I. 0., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Stone-Wright Studios, Inc., New York City, herein called the Company, engaged in,the business of commercial art and photography, specializing in same for mail-order and catalogue companies, 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 October 23, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (e) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an 'investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On November 7, 1941, the Company, the Union, and the Regional Director entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." 38 N. L. R. B., No. 78. 389 390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, an election by secret ballot was con- ducted on November 12, 1941, under the direction and supervision of the Regional Director, among all photographic, photostat, art, shipping- and delivery-department employees whose names appeared on the pay roll of the Company for the week ending October 29, 1941, excluding executives, office workers, stylists, outside salesmen, contact men, and temporary employees, to determine whether or not they desired to be represented by the Union. On November 21, 1941, the Regional Director issued and duly served upon the parties an 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.1 In her Election Report the Regional Director reported as follows concerning the balloting and its results : Total on eligibility list------- --------------- 82 Total ballots cast___________________________________________ 78 Total ballots challenged_____________________________________ 2 Total blank ballots-- ---------- -------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes counted____________________________________ 76 Votes cast for United Photographic Employees Union, Local 415, U 0 P W A, C I. 0------------------------------ 36 Votes cast against United Photographic Employees Union, Local 415, U. 0 P. W. A., C I. 0_________________________ 40 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees in the appropriate unit. The petition of United Photographic Employees Union, Local 415, U. O. P. W. A., C. I. 0., for investigation and certification of representatives of employees of Stone-Wright Stu- dios, Inc., New York City, 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 Stone-Wright Studios, Inc., New York City, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All photographic, photostat, art, shipping- and delivery-depart- ment employees of Stone-Wright Studios, Inc., New York City, ex- cluding executives, office workers, stylists, outside salesmen, contact, men, and temporary employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. The Union fled an objection to the election on November 24, 1941, but withdrew it January 6, 1942. STONE-WRIGHT STUDIOS, INC . - 391 ORDER By virtue of Section 9 (c) of the National Labor Relations Act, IT Is HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of Stone-Wright Studios, Inc., New York City, filed by United Photographic Employees Union, Local 415, U. O. P. W. A., C. I. 0., be, and it hereby is, dismissed.