Ness Sanitary Wiper Co.

National Labor Relations Board - Board Decisions

Aug 29, 1949

85 N.L.R.B. 953 (N.L.R.B. 1949)

In the Matter of NESS SANITARY WIPER COMPANY AND/OR THE SLOSMAN
COMPANY, EMPLOYER and WILLIE MAE ANDERSON, PETITIONER and
LOCAL 385, INTERNATIONAL FUR & LEATHER WORKERS UNION, CIO,
UNION
Case No. 34-RD-20.-Decided August 29, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Miles J. Mc-
Cormick, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The Petitioner, an employee of the Employer, asserts that the
Union is no longer the representative of the employees of the Em-
ployer, as defined in Section 9 (a) of the Act.
As a result of a consent election held in August 1946, the Employer
entered into a collective bargaining agreement with the Union which
expired on January 5, 1949. However, the Employer still recognizes
the Union as the exclusive bargaining representative of its employees.'
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit appro-
priate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act :
I Although the Union was properly served with a notice of this hearing, it failed to ap-
pear. However, its failure to appear at the hearing cannot alone be considered as a dis-
claimer of interest in the representation of the employees involved herein. Matter of
Hygrade Food Products Corporation , 82, N. L. R. B. 428.
85 N. L. R. B., No. 167.
953
954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All production and maintenance employees at the Employer's Ashe-
ville, North Carolina, plant, excluding office clerical employees and
supervisors as defined in the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by Local 385, International Fur & Leather Workers Union, CIO.
2 As the Union is not in compliance with the filing requirements of Section 9 (f), (g),
and (h) of the Act, we shall certify it if it wins the election, provided that at that time
it is in compliance . Absent such compliance , the Board will only certify the arithmetical
results of the election.