Frank Brothers Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Aug 4, 1942

42 N.L.R.B. 1251 (N.L.R.B. 1942)

In the Matter of FRANK BROTHERS MFG CO, INC and WHOLESALE &
I WAREHOUSE WORKERS UNION, LOCAL 65, C I. 0
Case No 8-3661
SUPPLEMENTAL DECISION
AND
0
DIRECTION
August 4,194°
On May 4, 1942, the National Labor Relations Board issued its Deci-
sion and Direction of Elections in the above -entitled proceeding.'
Pursuant to the Direction of Elections , elections by secret ballot were
conducted on June 2, 1942. under the direction and supervision of the
Regional Director for the Second Region (New York City). On June
19, 1942, the Regional Director , acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-Series 2,
as amended , issued an Election Report, copies of which were duly served
upon the parties
As to the balloting and the results thereof , the Regional Director
reported as follows
Office employees
Total on eligibility list--------------------------------------- 11
Total ballots cast------------------------------------------- 6
Total ballots challenged----------------------------------- -- 6
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 0
Votes cast for Plumbing, Haidware, Paint, Electrical, Radio Sup-
plies and Automobile Accessories Employees' Union Local No
1146 of Retail Cleiks International Protective Association,
affiliated with the A F of L------------------------------- -
Votes cast for Wholesale & Warehouse Workers Union, Local 65,
of the United Retail, Wholesale & Department Store Workers
of America, affiliated with the C I 0---------------------- -
Votes cast for Neither-------------------------------------- -
140 N L R B 1143 -
42 N L R B, No 228
1251
1252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Shop employees
Total on eligibility list --------------------- I ----------------- 41
Total ballots cast____________________________________________ 39
Total ballots challenged______________________________________ 33
't'otal blank ballots__________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes counted___________________________________ 20
Votes cast for Plumbing, Hardware, Paint, Electrical, Radio Sup-
plies and Automobile Accessories Employees' Union Local No
1146 of Retail Clerks International Protective Association,
affiliated with A F of L----------------------------------- 6
Votes cast for Wholesale & Warehouse Workers Union, Local 65,
of the United Retail, Wholesale & Department Store ilToikers
of Ameiica, affiliated with the C 10--------- u ____________ 0
Votes cast for Neither --------------------------- ---------- 0
In the Election Report the Regional Directoi recommended that the
challenges as to all 6 of the ballots cast in the unit of office employees be
overruled; that the challenges as to 31 of the 33 challenged ballots in
the unit of shop employees be overruled; and that the challenges as to
the remaining 2 challenged ballots in the unit of shop employees be
sustained On June 25, 1942, Plumbing, Hardwaie, Paint, Electrical,
Radio Supplies and Automobile Accessories Employees' Union Local
No. 1146 of Retail Clerks International Protective Association, affil-
iated with the American Federation of Labor, herein called Local
1146, filed objections to the Election Report Local 1146 did not object
to the Regional Director's recommendation as to the 6 challenged bal-
lots in the unit of office employees It did, however, object to the
Regional Director's iecommendation that the challenges to the ballots
cast in the shop employees unit by the following 9,persons be overi uled.
Paul Elkin, Benjamin Abramowitz, Meyer Itzkowitz, Leon Schenker,
Herman Fishbein, Harry Spector, Henry Levy, Irving Uozepoff, and
Louis Feldman Local 1146 also objected to the Regional Director's
refusal to count the mailed ballot of Daniel Minkofsky, a shop em-
ployee now in the active military service or training of the United
States On July 7, 1942, the Regional Director issued a Report on
Objections and Challenges, copies of which were duly served on the
parties
Since the results of the elections may be affected by the challenged
ballots, we shall consider the challenges :
Paul Elkin and Benjamin Abramowitz
- The Regional Director's investigation discloses that both these
employees were laid off on December 26, 1941; that each of them was
sent a telegram by Frank Brothers Mfg Co, Inc, herein called the
a Although the Election Report shows "0" valid i otes counted, it is apparent from
the other items that the figure should be "6"
FRANK BROTHERS MFG CO, INC 1253
Company, on February 24, 1942, which read as follows. "For tem-
porary job come to work tomorrow";-and that both of them had tem-
porary employment elsewhere at the time they received these telegrams
and, therefore, did not report for work. In our Decision and Direction
of Elections herein, we directed that all employees laid off pursuant
to the agreement of December 13, 1941, between the Company and
Wholesale & Warehouse Workers Union, Local 65, of the United
Retail, Wholesale & Department Store Workers of America, affiliated
with the Congress of Industrial Organizations, herein called Local 65,
except those who were offered and who refused reinstatement, should be
eligible to vote in the elections We agree with the Regional Director
that the failure to accept the temporary employment offered by the
Company was not a iefusal of reinstatement The challenges to-
the ballots cast by Paul Elkin and Benjamin Abramowitz are hereby
overruled
Meyer Itzkowitz and Leon Schenker
The Regional Director's investigation discloses that Itzkowitz and
Schenker weie laid 'off on December 26, 1941; that the Company on
February 6, 1942, sent each of them a penny postal card which read :
"Repoit to work"; that Schenker denied receiving the card; and that
Itzkowitz had temporary employment elsewhere at the time he received
the card, that he delayed for a day or two thereafter in telling the
Company he was returning to work, and that he was then told by the
Company that there was no work available We agree with the
Regional Director that there is no substantial showing that Itzkowitz
and Schenker refused reinstatement on or about February 7 or 8, 1942.
The challenges to the ballots cast by Meyer Itzkowitz and Leon
Schenker are hereby overruled
Herman Fishbein
The Regional Director's investigation discloses that Fishbein was a
shop employee of the Company, that he was so listed in the agreement
of December 13,1941, between the Company and Local 65, and that the
Company thereafter included his name in an eligibility list submitted
to the Regional Director on March 20, 1942 Local 1146 urges that
Fishbein is in complete charge of the shipping and order-filling depart-
ment of the Company and that he should therefore be excluded as a
supervisory employee The Regional Director found, and we agree,
that Fishbein is not shown to be a supervisory employee The chal-
lenge to the ballot cast by Herman Fishbein is hereby overruled
As indicated above; Local 1146 also objected to the recommendation
of the Regional Director with respect to the ballots cast by Harry
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Spector, Henry Levy, Irving Pozepoff, Louis Feldman, and Daniel
Minkofsky. The record is incomplete as to these five ballots, and we
shall therefore make no finding with respect to them at this time. If it
appears, after the opening and counting of challenged ballots in accord-
ance with our Direction below, that these five ballots may affect the
results of the election in unit of shop employees, we shall then consider
and pass upon the challenges.
No objections were filed by any of the parties to the Regional Di-
rector's recommendations that the challenges to the 6 ballots cast in
the election among the office employees and to 22 of the ballots cast in
the election among the shop employees be overruled These challenges
are hereby overruled. We shall direct that these 28 ballots be opened
and counted. In view of our findings above, we shall further direct
that the ballots cast by Paul Elkin, Benjamin Abramowitz, Meyer
Itzkowitz, Leon Schenker, and Herman Fishbein also be opened and
counted Since no objections were filed by any of the parties to the
Regional Director's recommendation that the challenges to the ballots
cast by Harold Garstern and Emanuel Spielman be sustained, these 2
ballots will not be counted.
DIRECTION
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, 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 to ascertain represent-
atives for the purposes of collective bargaining with Frank Brothers
Mfg Co, Inc, New York City, the Regional Director for the Second
Region (New York City) shall, pursuant to said Rules and Regula-
tions and subject to Article III, Section 9, thereof, within ten (10)
days from the date of this Direction, open and count the ballots cast
by the 6 office employees whose names appear in Appendix A hereto,
and the ballots cast by the 27 shop employees whose names appear in
Appendix B hereto, and shall thereafter prepare and cause to be
served upon the parties a Supplemental Election Report embodying
her findings and recommendations as to the results of the balloting
MR. GERARD D REILLY took no part in the consideration of the above
Supplemental Decision and Direction
APPENDIX A
Marion Wind Fannie Polakoff
Mildred Jacobs Gertrude Kriegsman
Ruth Berlinger Marion Dubby
FRANK BROTHERS MFG. CO., INC . 1255
APPENDIX B
Harry Schwartz
Max Geller
Irving Sykoff
Joe Berntein
Archie Brinker
Salvatore Sciascia
Salvatore Mondello
Edward Hockford
Max Susnick
Antonio LoCastro
Phillip Garazzo
David Guise
Benjamin Abramowitz
Herman Fishbein
Gustave Libesny
Abe'Resmck
Vincent Pignatello
Fred Richman
Harold Edelstein
George Shapiro
Mario Mancuso
Antonio Ferranti
Vincent Romano
Gusseppi (Joseph) Romano
Leon Schenker
Paul Elkin
Meyer Itzkowitz