American Hair & Felt Co.

National Labor Relations Board - Board Decisions

May 26, 1938

7 N.L.R.B. 479 (N.L.R.B. 1938)

In the Matter of AMERICAN HAIR & FELT COMPANY and JUTE, HAIR
& FELT WORKERS, LOCAL No. 163
Case No. 8-620
CERTIFICATION OF REPRESENTATIVES
May 26, 1938
On April 16, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case? The Direction of Election directed that an elec-
tion by secret ballot be conducted within ten (10) days from the date
of the Direction among all the employees employed by the American
Hair & Felt Company, Newark, New Jersey, at its Newark, New Jer-
sey, plant during the pay-roll period ending February 2, 1938, includ-
.ing employees, laid off, watchmen and teamsters' helpers, but exclud-
ing executives, clerical employees, supervisory foremen, and team-
sters, and excluding those employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Jute, Hair & Felt Workers; Local No. 163, affiliated with
the United Furniture Workers of America, affiliated with the Com-
mittee for Industrial Organization, or by Hair, Felt & Jute Workers,
Local No. 163, affiliated with the Upholsterers', Furniture, Carpet,
Linoleum and Awning Workers' International Union of North Amer-
ica, affiliated with the American Federation of Labor, or by neither.
Pursuant to this Decision and Direction of Election, an election by
secret ballot was conducted under the direction and supervision of
Elinore Morehouse Herrick, the Regional Director for the Second
Region (New York City), on April 25, 1938. Thereafter the said
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 1, as
amended, issued and duly served upon the parties an Intermediate
Report on the election.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote________________________________ 485
Total number of ballots cast_____________ ____________________ 360
Total number of ballots counted___ ___________________________ 357
16 N. L. R.B'648.
479
480 NATIONAL LABOR RELATIONS BOARD
Total number of ballots in favor of Jute, Hair & Felt Workers,
Local No. 163, affiliated with United Furniture Workers of
America, affiliated with C. I. O_____________________________ 161
Hair, Felt & Jute Workers, Local No. 163, affiliated with Up-
holsterers' Furniture, Carpet, Linoleum and Awning Workers'
International Union of N. A., affiliated with the A. F. of L____ 191,
Neither union-------------------------------'--------------
Total number of blank votes_________________________________ 0
Total number of void ballots_________________________________ 2
Total number of challenged votes____________________________ 1
Subsequent to the service of the Intermediate Report, Jute, Hair &
Felt Workers, Local No. 163, affiliated with United Furniture Work-
ers of America, affiliated with the C. I. 0., herein called the C. I. O.
Local, filed "Exceptions to Intermediate Report." Having found
that the allegations made in the exceptions did not involve any im-
proper acts upon the part of the company and, accordingly, no basis
for invalidating the election, the Regional Director dismissed the
protest and forwarded the Intermediate Report to Washington, D. C.
On May 9, 1938, the C. I. O. Local appealed from the finding of
the Regional Director and filed "Exceptions to the Ballot and Inter-
mediate Report" requesting an oral hearing on the matters contained
in the exceptions. We have considered the Exceptions and the affi-
davits annexed thereto and find that no substantial and material issue,
with respect to the conduct of the ballot is raised.
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 1,,
as amended,
IT IS HEREBY CERTIFIED that Hair, Felt & Jute Workers, Local No.
163, affiliated with Upholsterers' Furniture, Carpet, Linoleum and
Awning Workers' International Union of North America, affiliated
with the American Federation of Labor, has been selected by a ma-
jority of the employees employed by the American Hair & Felt Com-
pany, at its Newark, New Jersey, plant, including employees laid off,
watchmen and teamsters' helpers, but excluding executives, clerical
employees, supervisory foremen, and teamsters, as their representa-
tive for the purposes of collective bargaining, and that, pursuant to
Section 9 (a) of the National Labor Relations Act, Hair, Felt & Jute
Workers, Local No. 163, affiliated with Upholsterers' Furniture, Car-
pet, Linoleum and Awning Workers' International Union of North
America, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.