Kroger Grocery & Baking Co.

In the Matter of KROOER ' GROCERY' & BAKING CO., and RETAIL CLERKS INTL. PROTECTIVE AssocIATloN, LOCAL # 725 (A. F. OF L.) Case No. R-3237 SUPPLEMENTAL DECISION AND ORDER January 22,1942 On December 10, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceed- ing.) Pursuant to the Direction of Election, an election by secret ballot was conducted on January 6, 1942, under the direction and supervision of the Regional Director for the Eleventh Region (In- dianapolis, Indiana). On January 7, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Rela- tions 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 on eligibility list ------------------------------------- 107 Total ballots cast----- ------------------------------------- 72 Total ballots challenged------------------------------------- 3 Total blank ballots---------------------------------------- 0 Total void ballots------------------------------------------ 0 Total valid votes counted----------------------------------- 69 Votes cast for Retail Clerks Int'l Protective Association, Local No. 725 (A. F. of L.) ------------------------------------ 29 Votes cast against Retail Clerks Int'l Protective Association, Local No. 725 (A. F. of L.) ----------------------------- 40 Since the challenged ballots cannot affect the result of the election we find it unnecessary to pass upon the challenges. The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees of the 137 N. L. R B. 450. 38 N. L. R. B., No. 96. 466 KROGER GROCERY & BAKING CO. 467 Company in the unit heretofore found to be appropriate for collective 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 National 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 Kroger Grocery & Baking Co., Indianapolis, Indiana, filed herein be, and it hereby is, dismissed.