Fort Schuyler Knitting Co.

National Labor Relations Board - Board Decisions

Oct 3, 1938

9 N.L.R.B. 10 (N.L.R.B. 1938)

In the Matter of FORT SCHUYLER KNITTING COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE or THE C. I. O.
Case No. R-973
AMENDMENT TO DECISION-
October 3, 1938
On September 29, 1938, the National Labor Relations Board,
herein called the Board, issued a Decision and Direction of Election 1
in the above-entitled proceeding. In its Decision, the Board stated,
"While the positions of the parties on the question of whether or not
the three employees should be included in the appropriate unit were
not in all respects clearly defined in the record, it appears that the
T. W. O. C. desires these three employees to be excluded from the
unit, and that both the A. F. of L. and the Company desire their in-
clusion in the unit."
The Board hereby amends its Decision by striking therefrom the
words quoted above and substituting therefor the following : "While
the positions of the parties on the question of whether or not the
three employees should be included in the appropriate unit were not
in all respects clearly defined in the record, it appears that both
the T. W. O. C. and the Company desire these three employees to be
excluded from the unit, and that the A. F. of L. desires their inclu-
sion in the unit."
Except as hereby amended, the Decision remains in full force
and effect.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Amendment to Decision.
9 N. L. R . B., No. 4.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
October 27, 1938
On September 29, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. On October 3, 1938, the Board issued an
18 N. L. R. B. 1356.
10
DECISIONS AND ORDERS 11
Amendment to Decision. The Direction of Election provided that
an election by secret ballot be conducted among all the employees of
Fort Schuyler Knitting Company who were employed at its Utica,
New York, plant during one or more of the weeks ending May 28,
June 11, and July 23, 1938, exclusive of supervisory employees, of-
fice employees, watchmen, and engineers, and excluding those who
had since quit or been discharged for cause , to determine whether
they desired to be represented; for the purposes of collective bar-
gaining, by the Textile Workers Organizing Committee, affiliated
with the Committee for Industrial Organization, or by the American
Federation of Labor, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on October 13, 1938, under the direction and super-
vision of the Regional Director for the Third Region (Buffalo, New
York). On October 15, 1938, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties an Intermediate Report on the election. No objections
or exceptions to the Intermediate 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________________________________ 163
Total number of valid ballots cast__________ _________________ 151
Ballots in favor of Textile Workers Organizing Committee,
affiliated with the Committee for Industrial Organization___ 85
Ballots in favor of American Federation of Labor_____________ 44
Ballots in favor of neither___________________________________ 22
Challenged ballots____ ______________________________________ 1
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 Textile Workers Organizing Committee,
affiliated with the Committee for Industrial Organization, has been
designated and selected by a majority of all the employees ,of Fort
Schuyler Knitting Company at its Utica, New York, plant, exclusive
of supervisory employees, office employees, watchmen, and engineers,
as their representative for the purpose of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Textile Workers Organ-
izing Committee, affiliated with the Committee for Industrial Organi-
zation, 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.
9 N. L. R . B, No. 4a.