Vineland Poultry Laboratories, 123 (1968)

Docket Number:04-RC-07620
 
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VINELAND POULTRY LABORATORIES

Tevis M. Goldhaft, Bryna Goldhaft, Nathan Wernicoff, Helen B . Wernicoff, and Florence B. Goldhaft d/b/a Vineland Poultry Laboratories and Amalgamated Food & Allied Workers Union Local 56, Amalgamated Meatcutters & Butcher Workmen of North America, Petitioner. Case 4-RC-7620

October 8, 1968 DECISION AND CERTIFICATION

OF RESULTS OF ELECTION

BY CHAIRMAN MCCULLOCH AND MEMBERS

BROWN AND JENKINS

Pursuant to a Stipulation for Certification upon Consent Election executed on February 16, 1968, an election by secret ballot was conducted on February 23, 1968, under the direction and supervision of the Regional Director for Region 4 among the employees in the stipulated unit. At the conclusion of the election, the parties were furnished with a tally of ballots which showed that, of approximately 46 eligible voters, 45 cast ballots, of which 18 were for, and 26 against, the Petitioner, and 1 was challenged.

The challenged ballot was not sufficient in number to affect the results of the election. Thereafter, the Petitioner filed timely objections to conduct affecting the results of the election.

In accordance with the National Labor Relations Board Rules and Regulations, the Regional Director conducted an investigation and, on May 2, 1968, issued and duly served upon the parties his Report on Objections, in which he recommended that Objection 2 be sustained, and that the results of the election be set aside. Thereafter, the Employer filed timely exceptions to the Regional Director's Report along with a supporting brief.

Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a threemember panel.

Upon the entire record in this case, the Board finds1. The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein.

  1. The Petitioner is a labor organization claiming to represent certain employees of the Employer.

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  2. A question affecting commerce exists concerning the representation of the employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act.

  3. The parties stipulated, and we find, that the following employees constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act All employees of Vineland Poultry Laboratories, but...

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