Oswego Falls Corp., 92 (1962)

As we have sustained challenges to 4 of the 6 ballots, we find it unnecessary to pass upon the remaining 2 challenges, also contested by the Employer, since they cannot affect the results of the election. Accordingly, as the Petitioner has secured a majority of the valid votes cast, we shall, as recommended by the Regional Director, certify the Petitioner as the exclusive bargaining representative of the employees in the appropriate unit.

[The Board certified Retail Clerks International Association, AFL, as the designated collective-bargaining representative of all selling and nonselling employees of N. B. Liebman & Company, Inc., at its Pottsville, Pennsylvania, store, including the credit manager and janitress, but excluding warehouse personnel, drivers and their helpers, and all supervisors as defined in the Act.] MEMBER LEEDOM took no part in the consideration of the above Supplemental Decision and Certification of Representatives.

Oswego Falls Corporation 1 and Syracuse Photo Engravers Union,

Local 20, International Photo-Engravers U n i o n of North America, AFL, Petitioner. Case No. 3-RC-1488. April 12,1955 DECISION AND DIRECTION OF ELECTION

Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Hymen Dishner, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Farmer and Members Murdock and Peterson].

Upon the entire record in this case, the Board finds :

1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.

2. The labor organizations named below claim to represent certain employees of the Employer.

3. A question affecting commerce exists concerning the representation of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.' 1 The Employer's name appears as amended at the hearing.

   Contrary to the Petitioner, the Employer contends that its current collective-bargaining agreement with the Intervenor , International Brotherhood of Pulp , Sulphite Paper and Paper Mill Workers, Fulton-Oswego Falls Sealright Local No. 54, AFL, is a bar. The Intervenor is neutral Since 1941, the Employer and the Intervenor, as certified bargaining...