Botany Worsted Mills

National Labor Relations Board - Board Decisions

Dec 13, 1940

28 N.L.R.B. 538 (N.L.R.B. 1940)

In the Matter of BOTANY WORSTED MILLS and TEXTILE WORKERS UNION
OF AMERICA
Case No. R-2025
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
December 13,1940.
.m
On October 7, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.,' Pursuant to the Direction of Election,
an election by secret ballot was conducted on November 8, 1940, under
the direction and supervision of the Regional Director for the Second
Region (New York City). - On November 12, 1940, the Regional Di-
rector,' acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report 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_________________________________ 32
Total number of ballots cast___________________________________ 32
Total number of valid ballots__________________________________
Total number of votes in favor of Textile Workers Union of Ameri-
32
ca, affiliated with the Congress of Industrial Organizations----- 18
Total number of votes against aforementioned Union___________ 14
Total number of blank ballots_______________________________ _ 0
Total number of void ballots- 0
Total number of challenged ballots_____________________________ 0
On November 20, 1940, Botany Worsted Mills, herein called the Com-
pany, filed a motion for permission to reargue the Board's Decision and
Direction of Election in the instant case and a motion requesting an
order setting aside, annulling, and vacating the Decision and Direction
of Election and the election held pursuant thereto. It also asked that
3 27 N. L. R. B 687.
28 N. L R. B., No. 83.
538
BOTANY WORSTED MILLS 539
this proceeding be consolidated with another matter pending before
the Board, for permission to argue its motions orally before the Board,
and for such further relief as might be proper in the premises. On,
November 23, 1940, counsel for Textile Workers Union of America,
herein called the Union,, filed an affidavit in opposition to the-above
requests of the Company. On November 30,1940, counsel for the Com-
pany filed an affidavit in opposition to the affidavit of counsel for the
Union. The Board has considered the motions of the Company, the
affidavit of the Union in opposition thereto, and the Company's reply
affidavit, and finds the motions of the Company to be without merit.
They are hereby denied.
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 CERTIFIED that Textile Workers Union of America, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of all wool sorters or trappers of
Botany Worsted Mills, Passaic, New Jersey, including overlookers,
but excluding wool sorters or trappers and overlookers who have
regular employment in other departments-of the Company's plant or
regular jobs with other employers, as their representative for the pur-
poses of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is the exclusive representative of all such em-
ployees- for the purposes of collective bargaining iri respect to'wages,
`rates -of- pay, hours of employment, and other conditions of
employment.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.