Helen Rose Co.

National Labor Relations Board - Board Decisions

Jun 30, 1960

127 N.L.R.B. 1682 (N.L.R.B. 1960)

1682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Helen Rose Co., Petitioner and International Ladies' Garment
Workers' Union, AFL-CIO; Cloak Joint Board , Los Angeles
Dress & Sportswear Joint Board . Case No. t1-RM-.565. June
30, 1960
SUPPLEMENTAL DECISION AND DIRECTION
Pursuant to a Decision and Direction of Election issued by the
Board on November 19, 1959,1 an election by secret ballot was con-
ducted on December 15, 1959, under the direction and supervision of
the Regional Director for the Twenty-first Region, among the em-
ployees in the appropriate unit. After the election the parties herein
were furnished with a tally of ballots which showed that of 64
ballots cast, 19 valid ballots were cast against the Unions and 45 were
challenged.
The Regional Director investigated the challenges and on February
11, 1960, issued his report on challenged ballots in which he recom-
mended that 16 challenges be sustained, that 8 others be overruled, and
as to the remaining 21 involving persons alleged to be replaced
economic strikers and replacements, he made findings of fact but no
recommendations. Thereafter, the Unions filed exceptions to the
Regional Director's report.
The Board has considered the Regional Director's report on chal-
lenged ballots, the Unions' exceptions, and the entire record in the
case, and makes the following findings : 2
The Regional Director found that an economic strike against the
Employer commenced on July 23, 1959, and that picketing in support
thereof was in progress at the time of the election.
In W. Wilton Wood, Inc., 127 NLRB 1675, the Board, construing
the new provision in Section 9(c) (3) of the Act, held that even
though replaced, economic strikers who retained their status as such
on the election date were eligible to vote in an election conducted with-
in 12 months of the commencement of the strike. The Board also
1 Unpublished
3 The Regional Director recommended that the challenges to the ballots of 16 alleged
economic strikers be sustained upon the basis that the suitmaking operations in which
they were engaged for the Employer ';ere discontinued for economic reasons The
Unions excepted to this However, as stated below, we need not reach the issues raised
as to these challenges at the present time
The Unions excepted to the Regional Director's failure to recommend that the challenge
to the ballot of Shirley Kahn be sustained in the light of his finding that she was em-
ployed almost wholly as a replacement for a purchasing agent, an agreed exclusion from
the unit Upon the basis of such finding , we conclude that Kahn was outside the unit,
and we hereby sustain the challenge to her ballot.
As no exceptions were filed to the Regional Director's recommendations that the
challenges to the ballots of Anne Cayzer, Eureka Kitterman, Shizue Nakashima, Pauline
Nihei , Katherine Renna , Mollie Wexler , Emilie Tardiff , and Maya Kadlee be overruled,
such recommendations are adopted pro forma
127 NLRB No. 186.
HELEN ROSE CO. 1683
held that permanent replacements for economic strikers were eligible
to vote.
In the instant case, the Regional Director's findings clearly indicate
that six of the challenged ballots were cast by replaced economic
strikers who retained their status as such on the election date.' These
strikers, therefore, were eligible to vote under Section 9(c) (3) and
the challenges to their ballots are hereby overruled. We also con-
clude, upon the basis of the findings in the report, that Frank
Aquilar, Tallulah Dresser, Sandra Inouye, Winston Murrey, Aurora
Velez, Doris Yoshimoto, and Shizuko Yorimitsu were hired as perma-
nent striker replacements or as new permanent employees during the
strike and were employed on the eligibility and election dates, and
that Tillie Hunter was hired as a permanent replacement and was on
leave of absence on such dates.4 They are therefore eligible voters
under our holding in the Wilton Wood case, and the challenges to
their ballots are hereby overruled.
As to Inez Waldrop, who was challenged as an alleged economic
striker, the Regional Director found that she joined the strike and
although apparently not replaced, she was employed elsewhere on a
permanent basis before the election. Waldrop indicated a desire to
return to work for the Employer, but only on the condition that it
is a "union shop." However, in the circumstances, we find that she
accepted permanent employment elsewhere and thereby ceased to be
a striker. She is therefore ineligible to vote and the challenge to her
ballot is hereby sustained.
There are five other alleged economic strikers whose ballots were
challenged, Helen Kim, Charlotte Shapiro, Max Tuberman, Lena
Weiner, and Helen Wheeler, as to whose status on the election date
some issues exist. However, we shall not at this time consider the
challenges to these 5 ballots or to the 16 ballots of strikers whose
jobs were allegedly eliminated. As we have overruled the challenges
to 22 ballots, we shall direct that they be opened and counted. Ave
shall consider the 21 unresolved challenges only in the event that they
are sufficient in number to affect the results of the election according
to the revised tally of ballots, including the count of the opened
ballots.
[The Board directed that the Regional Director for the Twenty-
first Region shall, within 10 days from the date of this Direction, open
and count the ballots of Lupe Aguirre, Nellie Berg, Mollie Frank,
a These ballots were cast by Lupe Aguirre , Nellie Berg, Mollie Frank , Mary Sherbak,
Harry Silver, and Max Temares.
A We find no merit in the Unions ' exceptions to the findings in the report relating to
Hunter and Velez specifically , or to all of the alleged replacements generally, and we
deny the request for a hearing as the exceptions (1o not raise any material issues of fact
which would affect our conclusions as to these challenged ballots
1684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mary Sherbak, Harry Silver, Max Temares, Mollie Wexler, Frank
Aquilar, Anne Cayzer, Tallulah Dresser, Tillie Hunter, Sandra
Inouye, Eureka Kitterman, Winston Murrey, Shizue Nakashima,
Pauline Nihei, Katherine Renna, Aurora Velez, Doris Yoshimoto,
Shizuko Yorimitsu, Emilie Tardiff, and Maya Kadlec; and serve upon
the parties a revised tally of ballots, including therein the count of
the above ballots. In the event the unresolved challenges are sufficient
in number to affect the results of the election as shown by the revised
tally, the Regional Director shall so inform the Board. If they are
insufficient in number to affect the results so shown, the Regional
Director shall take such further steps as may be necessary in accord-
ance with the Board's Rules and Regulations.]
O