Hat Corp. of America

National Labor Relations Board - Board Decisions

Sep 8, 1941

35 N.L.R.B. 299 (N.L.R.B. 1941)

In the Matter of HAT CORPORATION OF AMERICA and UNITED HATTERS,
CAP AND MILLINERY WORKERS ' INTERNATIONAL UNION , A. F. of L.
Case No. R-2916.-Decided September 8, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election.
Mrs. Elinore M. Herrick, for the Board.
McLanahan, Merritt, Ingraham cfi Christy, by Mr. Henry Clifton,
of New York City, for the Company.
Mr. Elias Lieberman and Mr. Marx Lewis, of New York City, for
the Union.
Miss Grace MoEldowney, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 31, 1941, United Hatters , Cap and Millinery Workers'
International Union, A. F. of L., herein called the Union, filed with
the, Regional Director for the Second Region (New York City) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Hat Corporation of
America, herein called the Company, engaged in the manufacture,
sale, and distribution of hats at East Norwalk, Connecticut, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat.'449,
herein called the Act. On August 11, 1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice. On or about
August 1, 194151 the Company, the Union, and the Board entered into
I The stipulation is dated July 1941 , with the day of the month blank ; but the Regional
Director 's Election Report, hereinafter referred to, states that it was entered into on
August 1, 1941. .
35 N. L. R. B., No. 59
299
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a "STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 12, 1941, under the direction and supervision of
the Regional Director, among all production employees of Cavanagh
Department (including finishers, flangers, and trimmers), fourth-floor
finishers, trimmers, and flangers, third-floor finishers, first-floor Hang-
ers, binders, and employees of the packing department, shipping
-department, box department, wood-block shop, and maintenance de-
partment, employed by the Company at its Plant Number 1, but ex-
cluding supervisors, foremen, assistant foremen, clerical employees,
floor boys (buggy luggers), inspectors (passers), timekeepers, and
-time-study employees, to determine whether or not said employees
desired to be represented by United Hatters, Cap and Millinery
Workers' International Union, A. F. of L. On August 16, 1941, the
Regional Director issued and duly served upon the parties her Elec-
tion Report on the ballot. No objections to the conduct of the ballot
or the Election Report have been filed by any of the parties.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible to vote______________________________ 592
Total number of ballots cast_______________________________ 472
Total number of valid ballots______________________________ 454
Total number of votes in favor of United Hatters, Cap and
Millinery Workers' International Union, A F. of L-------- 385
Total number of votes against aforementioned Union -- ------- 69
Total number of blank votes_______________________________ 0
Total number of void ballots______________________________ 0
Total number of challenged votes__________________________ 18
Since the counting of the challenged ballots is not essential to
determine the result of the election, we do not pass upon their validity.
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Hat Corporation of America, East Nor-
walk, Connecticut, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All production employees of Cavanagh Department (including
finishers, flangers, and trimmers), fourth-floor finishers, trimmers,
and flangers, third-floor finishers, first-floor flangers, binders, and
employees of the packing department, shipping department, box de-
partment, wood-block shop, and maintenance department, employed
HAT CORPORATION OF AMERICA 301
by the Company at its Plant Number 1, but excluding supervisors,
foremen, assistant foremen, clerical employees, floor boys (buggy
luggers), inspectors (passers), timekeepers, and time-study employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. United Hatters, Cap and Millinery Workers' International
Union, A. F. of L., has been designated and selected by a majority
of the employees in the above unit as their representative for the
purposes of collective bargaining, and is the exclusive representative
of all the employees in said unit, within the meaning of Section 9 (a)
of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that United Hatters, Cap and Millinery
Workers' International Union, A. F. of L., has been designated
and selected by a majority of all production employees of Cav-
anagh Department (including finishers, flangers, and trimmers),
fourth-floor finishers, trimmers, and flangers, third-floor finishers,
first-floor flangers, binders, and employees of the packing department,
shipping department, box department, wood-block shop, and mainte-
nance department, employed by Hat Corporation of America, East
Norwalk, Connecticut, at its Plant Number 1, but excluding super-
visors, foremen, assistant foremen, clerical employees, floor boys
(buggy luggers), inspectors (passers), timekeepers, and time-study
employees, as their representative for the purposes of collective bar-
gaining, and that, pursuant to the provisions of Section 9 (a) of the
Act, United Hatters, Cap and Millinery Workers' International
Union, A. F. of L., is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment.