Bear Brand Hosiery Co.

National Labor Relations Board - Board Decisions

Apr 23, 1942

40 N.L.R.B. 807 (N.L.R.B. 1942)

In the Matter of BEAR BRAND HOSIERY COMPANY and UNITED
TEXTILE WORKERS OF AMERICA, LOCAL 2564, AFFILIATED WITH THE
A. F. OF L.
Case No. R-0895
SECOND SUPPLEMENT DECISION
AND
DIRECTION
April•23, 1942
On September 18, 1941, the National Labor Relations Board , herein
called the Board, issued a Decision and Direction of Elections in
the above-entitled proceeding.' On November 7, 1941, the Board
issued a Supplemental Decision and Certification. of Representatives,'
setting forth the results of the elections, and certifying United Tex-
tile Workers of America, Local 2564, as the exclusive representative
of production and maintenance employees.
With respect to the election among powerhouse employees, the
Regional Director reported in his Election Report issued October 9,
1941, that of 32 allegedly eligible voters, 31 ballots were cast, all of
which were challenged. The Regional Director recommended that
the ballots of 15 persons3 be not opened for the reason that these
persons were not on the pay roll of powerhouse employees during the
period immediately preceding the Direction of Elections. He further
recommended that the remaining 16 ballots 4 be impounded and no
investigation made pending a resolution of charges of unfair labor
practices which had been filed by International Brotherhood of Fire-
men and Oilers, Local 296. The Company, on October 14, 1941, filed
objections to the Election Report, alleging that the 15 persons named
above were on the Company's pay roll during the period immediately
preceding the date of the election and,that all of them were perma-
135 N. L R B 500 . Two elections were directed , one among production and mainte-
nance employees and the other among powerhouse employees
136 N L R B 784.
'Vincent Devine, Francis Trumble, Jerome Jensen , Verle Boudreau , Alvin Hubert,
Donald Stone , Floyd Borah , Rene Lecocq , Claude Rixie, Perry Noel , Rosewell Garrison,
Edwin Harpin , Leslie Hulse , Leo Foisy , and Carl McNutt.
4 The Election Report did not set forth the names of the persons who had cast these
ballots
40 N L R. -B., No. 139.
807
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nently transferred to the powerhouse on or about September 17, 1941,
to replace 15 persons who voluntarily quit their employment. The
Company did not dispute the Regional Director's finding that the
15 replacement employees were not on the powerhouse pay roll for
the period immediately preceding the Direction of Elections. Inas-
much as the charges referred to above alleged that the Company had
discriminatorily discharged or refused to reinstate the 15 persons
whom the Company alleged had quit, the Board accordingly withheld
a determination of the Company's objections and the challenged bal-
lots until such time as a disposition was made of the charges.
On April 9, 1942, the Board issued a Decision and Order in the
case instituted by the charges,5 finding, among other things, that the
Company (1) discriminatorily discharged 5 powerhouse employees 6
on September 17, 1941; (2) discriminatorily refused to reinstate, on
grid after September 30, 1941, the 5 discharged employees and 10
other powerhouse employees 7 who had gone on strike on September
18, 1941, because of the Company's unfair labor practices; and (3)
replaced these discharged and striking employees with employees
from various production and maintenance departments. The Board
further found that all the strikers could have been reemployed on
September. 30, 1941, by displacing the replacement workers. The
Board accordingly ordered that the Company offer to these 15 em-
ployees immediate and full reinstatement to their former or sub-
stantially equivalent positions.
We find that the ballots of the 15 replacement employees should
not be counted, since these persons were not on the powerhouse pay
roll for the period immediately preceding the date of the Direction
of Elections and since they held the positions in the powerhouse as
a consequence of the Company's unfair labor practices in discharging
and refusing to reinstate the employees whom they had replaced. We
shall direct thte Regional Director to open and count such of the
"remaining ballots as were cast by powerhouse employees whom we
have found were discriminatorily discharged or refused reinstatement,
and prepare and serve on the parties a Supplemental Election Report
thereon. We shall further direct that, if after opening and counting
said ballots, any challenged ballots remain which would affect the
results of the election, the Regional Director investigate any such
remaining ballots and make findings and recommendations thereon
in his Supplemental Election Report.
5 Matter of Bear Brand Hosiery Co and International Brotherhood of Firemen d
Oilers, Local 296, affiliated with the A F L, 40 N L. R B. 323.
6 John Williams , James Riordan , Lester Sovinski, Willis Donovan, and Martin Brueggert.
° Ambrose Benoit, Paul Clark, Homer Dufault, Charles Hilderbrand, William Jenkins,
Stanley Kuklinski , Emil Lacost , Logan Miles , George Schlenz , and Charles Schmitz.
BEAR BRAND HOSIERY COMPANY 809
DIRECTION
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,
as amended,=it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Bear Brand Hosiery Company, Kankakee, Illinois, the Regional
Director shall, pursuant to National Labor Relations Board Rules
and Regulations-Series 2, as amended, and subject to Article III,
Section 9, thereof, within ten (10) days from' the date of this Direc-
tion (1) open and count the ballots of any of .the following em-
ployees : Ambrose Benoit, Martin Brueggert, Paul Clark, Willis Don-
ovan, Homer Dufault, Charles Hilderbrand, William Jenkins, Stan-
ley Kuklinski, Emil Lacost, Logan Miles, James Riordan, George
Schlenz, Charles Schmitz, Lester Sovinski, and John Williams; (2)
investigate any remaining ballots if such ballots would affect the
results of the election ; and (3) prepare and cause to be served on
the parties a Supplemental Election Report embodying therein his
findings and recommendations as to the results of the balloting.