Erasmus Atlass, Inc.

National Labor Relations Board - Board Decisions

Jan 2, 1942

38 N.L.R.B. 6 (N.L.R.B. 1942)

In the Matter of ERASMUS ATLASS, INC. and FUR AND LEATHER
WORKERS' UNION, LEATHER WORKERS DIVISION, LOCAL 35, C. I. O.
Case No. R-2730
SUPPLEMENTAL DECISION
AND
DIRECTION
January 9, 1942
On September 17, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above entitled proceeding.' Pursuant to the Direction of Election an
election by secret ballot was conducted on October 16, 1941, under the
direction and supervision of the Regional Director for the Second
Region (New York City). On December 11, 1941, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued her
Election Report, copies of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list______________________________________ 23
Total ballots cast------------------------------------------ 23
Total ballots challenged------------------------------------- 13
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted____________________________________ 10
Votes cast for Local 35, Fur & Leather Workers Union, C. I. O__ 4
Votes cast for Pocketbook Workers' Union of New York, Local
No. 1, A. F. L-------------------------------------------- 6
Votes cast for neither union_________________________________ 0
In her Election Report the Regional Director recommended that
4 of the challenged ballots be counted and that the remaining 9 ballots .
be not counted. No objections were made by any of the parties to the
Regional Director's recommendations.
For' the reasons indicated by the Regional Director, we overrule the
challenges to the ballots of Anna Bieschitz, Arnold Klinger, Laura
1 35 N. L. R. B., No. 100.
38 N. L. R. B., No 2.
6
ERASMUS A'TLASISI, INC. 7
Meyer, and Marie Foges, and sustain the remaining challenges.
Accordingly we shall direct that the ballots of Anna Bieschitz, Arnold
Klinger, Laura Meyer, and Marie Foges be counted.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Reidtions Board by Section 9 (c) of the National Labor Relations 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
Erasmus Atlass, Inc., New York City, the Regional Director for the
Second Region (New York City) shall, pursuant to said Rules and
Regulations and subject to Article III, Section 9, thereof, within ten
(10) days from the, date of this Direction, open and count the ballots
of Anna Bieschitz, Arnold Klinger, Laura Meyer, and Marie Foges,
and thereafter prepare, and cause to be served upon the parties, a Sup-
plemental Election Report, embodying therein her findings and
recommendations as to the results of the secret ballot.
MR, GERARD D. REILLY took no part in the consideration of the above
Supplemental Decision and Direction.
In the Matter of ERASMUS ATLASS,
'
INC. and FUR AND LEATHER
WORKERS' UNION, LEATHER WORKERS DIVISION, LOCAL 35, C. I. O.
Case No. R-2730
CERTIFICATION OF REPRESENTATIVES
January 29, 1942
On September 17, 1941, the National Labor Relations Board, he
called the Board, issued its Decision, and Direction of Election in the
above-entitled proceeding.' Pursuant to the Direction of Election,
an election by secret ballot was conducted on October 16, 1941, under
the direction and supervision of the Regional Director for the Second
Region (New York City). On January 2, 1942, the Board issued a
Supplemental Decision and Direction, directing the Regional Director
to open and count four challenged ballots.' On January 9, 1942, the
Regional Director, acting pursuant to Article III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued a Supplemental Election Report, copies of which were
duly served upon the parties.
In her Supplemental Election Report the Regional Director reported
that on January 7, 1942, the four challenged ballots referred to were
opened under the supervision of an agent of the Board. As to the final
results of the balloting in said election, after counting the challenged
ballots ordered to be opened by the Board, the Regional Director
reported as follows :
Total on eligibility list--------------------------------------- 23
Total ballots cast-------------------- ----------------------- 23
Total ballots challenged held invalid by the Board ------------- 9
Total blank ballots------------------------------------------ 0
Total void ballots---- -------------------------------------- 0
Total valid votes counted including the 4 challenged ballots held
valid by the Board________________________________________ 14
Votes cast for Local 35, Fur & Leather Workers Union, C. I. O-_ 5
Votes cast for Pocketbook Workers' Union of New York, Local
No. 1, A. F L-------------------------------------------- 9
Votes cast for neither union--------------------------------- 0
1 35 N. L. R. B., No. 100.
2 38 N. L. R. B. 6.
38 N. L. R. B., No. 2a.
8
ERASMUJ ATLA-SS, INC. ET AL. 9
No objections to the counting of said challenged ballots or to the
Supplemental Election Report have been filed by any of the parties.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 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 Pocketbook Workers' Union of New
York, Local No. 1, affiliated with the American Federation of Labor,
has been designated and selected by a majority of all production em-
ployees of Erasmus Atlass, Inc., New York City, excluding office
employees and supervisors who have the right to hire or discharge, as
their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, Pocket-
book Workers' Union of New York, Local No. 1, 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 employment, and other conditions of
employment.
MR. GERARD D. REILLY took no part in the consideration of the above
Certification of Representatives.