A. Goodman & Son

National Labor Relations Board - Board Decisions

Sep 14, 1939

15 N.L.R.B. 265 (N.L.R.B. 1939)

In the Matter of A. GOODMAN & SON and BAKERY & CONFECTIONERY
WORKERS INTERNATIONAL UNION7 LOCAL 94, MATZOH & NOODLE
WORKERS, A. F. L.
Case No. R-1441
AMENDMENT TO DIRECTION OF ELECTION
September 14, 1939
On August 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding," the election to be held within fifteen (15)
days from the date of the Direction, under the direction and .super-
vision of the Regional Director for the Second Region (New York
City).
The Board, having been advised by the Regional Director that a
longer period is necessary, hereby amends the Direction of Election
by striking therefrom the words "within fifteen (15) days from the
date of this Direction" and substituting therefor the words "within
twenty-five (25) days from the date of this Direction."
MR. EDWIN S. SMITH took no part in the consideration of the above
Amendment to Direction of Election.
15 N. L. R. B., No. 34.
[SAME TITLE]
'SECOND AMENDMENT TO DIRECTION OF ELECTION
September 18, 1939
On August 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. On September 14, 1939, the Board issued
an Amendment to Direction of Election. The Direction of Election,
as amended, directed that an election by secret ballot be conducted
within twenty-five (25) days from the date of the Direction among
all the employees of the Company who were employed during the
pay-roll period immediately preceding the 'date' of this Direction,
including the seasonal employees, employees who did not work dur-
114 N. L. R. B. 1213.
265
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing such pay-roll period because they were ill or on vacation, and
employees who were then or have since been laid off only temporarily,
but excluding drivers, salesmen, supervisors, clerical employees, and
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Bakery & Confectionery
Workers International Union, Local 94, Matzoh & Noodle Workers,
affiliated with the American Federation of Labor, or by Macaroni
Employees' Association, Inc., for the purposes of collective bargaining,
or by neither.
The Board, having been advised that Macaroni Employees' Asso-
ciation, Inc., does not desire its name to appear upon the ballot,
hereby amends the Direction of Election, as amended, by striking
therefrom the words "to' determine whether they desire to be repre-
sented by Bakery & Confectionery Workers International Union,
Local 94, Matzoh & Noodle Workers, affiliated with the American
Federation of Labor, or by Macaroni Employees' Association, Inc.,
for the purposes of collective bargaining, or by neither" and sub-
stituting therefor the words "to determine whether or not they desire
to be represented by Bakery & Confectionery Workers International
Union, Local 94, Matzoh & Noodle Workers, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining."
MR. EDWIN S. SMITH took no part in the consideration of the above
Second Amendment to Direction of Election.
15 N. L. R. B., No. 34a.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 4, 1939
On August 31, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. On September 14, 1939, and on Septem-
ber 18, 1939, respectively, the Board issued an Amendment to Direc-
tion of Election and a Second Amendment to Direction of Elec-
tion. The Direction of Election, as amended, provided that an elec-
tion by secret ballot be conducted within twenty-five (25) days of
the Direction among all the employees of the Company who were
employed during the pay-roll period immediately preceding the date
of the Direction, including seasonal employees, employees who did
not work during such pay-roll period because they were. ill or on
vacation, and employees who were then or have since been laid off
A. GOODMAN & SON 267
only temporarily, but excluding drivers, salesmen, supervisors, cler-
ical employees, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Bakery & Confectionery Workers International Union, Local 94,
Matzoh & Noodle Workers, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.
Pursuant to the Direction of Election, as amended, an election by
secret ballot was conducted on September 20, 1939, at New York
City, under the direction and supervision of the Regional Director
for the Second Region (New York City). On September 21, 1939,
the Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
issued and duly served upon the parties her Election Report.. No
objections or exceptions 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_______________________________ 79
total number of ballots cast_______________________________ 48
Total number of ballots counted____________________________ 48
Total number of votes in favor of Bakery & Confectionery
Workers International Union, Local 94, Matzoh & Noodle
Workers, A. P. of L-------------------------------------- 47
Total number of votes against afore-mentioned union ---------- 1
Total number of blank votes-------------------------------- 0
Total number of void ballots_______________________________ 0
Total number of challenged votes___________________________ 0
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,
IT Is HEREBY CERTIFIED that Bakery & Confectionery Workers In-
ternational Union, Local 94, Matzoh & Noodle Workers, affiliated
with the American Federation of Labor, has been selected by a
majority of the employees of A. Goodman & Sons, Inc., New York
City, including seasonal' employees, but excluding drivers, salesmen,
supervisors, and clerical employees, as their representative for the
purposes of collective bargaining, and that pursuant to Section 9 (a)
of the Act, Bakery & Confectionery Workers International Union,.
Local 94, Matzoh & Noodle Workers, is the exclusive representative-
of all such employees for the purposes of collective bargaining ' in_
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
MR. EDWIN S. SMITH took no part in the consideration of the.
above Certification of Representatives.
15 N. L. R. B.. No. 34b.