Horton Wiping Materials Co., Inc.

National Labor Relations Board - Board Decisions

Sep 23, 1942

44 N.L.R.B. 370 (N.L.R.B. 1942)

In the Matter of HORTON WIPING MATERIALS CO., INC. and THE WASTE
MATERIAL SORTERS, TRIMMERS AND HANDLERS' UNION, LOCAL 445 OF
THE INTERNATIONAL HODCARRIrns, BUILDING AND COMMON LABORERS'
UNION OF AMERICA, A. F. OF L. and TEXTILE WORKERS UNION OF
AMERICA, GREATER NEW YORK JOINT BOARD, C. I. O.
Case No. R-4267.--Decided Septe7itber 2.3, 194 2
Investigation and Certification of Representatives : stipulation for certification
upon consent election. -
Mr. Alan F. Perl, for the Board.
Mr. Horton R. Perry, for the Company.
Mr. Ernest Pitrelli, for the A. F. of L.
Mr. James Lipsig, for the C. I. O.
Miss Viola James, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon petition duly filed by Textile Workers Union of America;
Greater New York Joint Board, affiliated, with Congress of Industrial
Organizations, herein called the C. I. O., alleging that a question-affect-
ing commerce had arisen concerning the representation of employees
of Horton Wiping Materials Co., Inc., herein called the Company, en-
gaged in the manufacture, sale, and distribution of wiping materials,
at Brooklyn, New York, the National Labor Relations Board, provided
for an appropriate hearing upon due notice. On August 1, 1942, be-
fore a hearing was held, the Company; the C. I. 0.; The Waste Mate-
rial Sorters, Trimmers and Handlers' Union, Local 445 of the Inter-
national Hodcarriers, Building and Common Laborers' Union of
America, affiliated with American Federation of Labor, herein called
the A. F. of L.; and the Regional Director for the Second Region (Neww
York City) entered into a "STIPULATION FOR CERTIFICA-
TION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on September 3, 1942, under the direction and supervision of
the Regional Director, among all production employees of the Coin-
pany, excluding supervisors, stationary engineer, watchmen, and office
employees, to determine whether said employees desired to be repre-
sented? by the C. I. O. or the A. F. of L. for the purposes of collective
441 N. L. It B, No. 68
370 .
HORTON WIPING MATERIALS CO., INC. 371
bargaining, or by neither. On September 4, 1942, the Actin; Regional
Director issued and duly served upon the parties in Election Report
on the ballot. No objections to the conduct of the election or the,
Election Report have been filed by any of the parties.
In his Election Report the Acting Regional Director reported as
follows concerning the balloting and its results :
Total on eligibility list------------------------------------- 51
Total ballots cast------------------------------------------ 47
Total ballots challenged------------------------------------ 5
Total blank ballots---------------------------------------- 0
Total void ballots------------------------------------------ 0
Total valid 'otes counted---------------------------------- 42
Total votes cast for Textile Workers Union of America, C. I. 0 17
Total votes cast for Waste Material Sorters, Trimmers, and
Handlers' Union. Local 445, A F of L--------------------- 24
Votes east for neither-------------------------------------- 1
Since the challenged ballots cast in the election cannot affect the
result thereof, we find it unnecessary to pass on them.
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 Horton Wiping; Materials Co., Inc., Brook-
lyn, New York, within the meauiug of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. All production employees, excluding supervisors, stationary en-
gineer, watchmen, and office employees, constitute a unit appropriate
for the purposes of collective bargaining, within the,meaning of Sec-
tion 9 (b) of the Act.
3. The Waste Material Sorters, Trimmers and Handlers' Union,
Local 445 of the International Hodcarriers, Building and Common
Laborers, Union of America, 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 ex-
clusive representative of all employees in said unit within the meaning
of Section 9'(a) of the Act.
CEI:TIt-ICA'I'ION OF 111,:PRESENTATIVES
By v-lrtlle of quid pursuant to the power vested in the National Labor
Relations Board by Secticu 9 (c) of the National Labor Relations Act
IT IS I-IriEBY 1 ERTlr;r.:o that The Waste Material Sorters, Trimmers,
and Ih ndleis' Tin loll. Local 445 of the International Hodcarriers,
Bulldiu : and 0.linuon Laborers' Uniol'i of America, A. F. of L., has
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
been designated and selected -by a majority of all production employees
of Horton Wiping Materials Co., Inc., Brooklyn, New York, excluding
supervisors, stationary engineer, watchmen, and office employees, as
their representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, The Waste Material Sorters,
Trimmers, and Handlers' Union, Local 445 of the International Hod-
carriers, Building and Common Laborers' Union. of America, A. F.
of L., 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.
P