New York Handkerchief Co.

National Labor Relations Board - Board Decisions

Jun 1, 1938

7 N.L.R.B. 624 (N.L.R.B. 1938)

In the Matter of NEW YORK HANDKERCHIEF COMPANY and INTER-
NATIONAL LADIES GARMENT WORKERS UNION, LOCAL No. 76
Case No. R-579
CERTIFICATION OF REPRESENTATIVES
June 1, 1938
On February 28, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled case.l On March 11, 1938, the Board issued an
Amendment to Decision and Direction of Election.2 The Direction
of Election, as amended, directed that an election by secret ballot be
conducted among the production and maintenance employees of the
New York Handkerchief Company, who appeared on the pay roll as
of January 28, 1938, excluding clerical and supervisory employees,
and those employees who had since quit or been discharged for
cause, to determine whether or not they desired to be represented by
the International Ladies Garment Workers Union, Local No. 76,
affiliated with the Committee for Industrial Organization for the
purpose of collective bargaining.
Pursuant to the Decision and Direction of Election as amended an
election by secret ballot has been conducted under the direction and
supervision of Leonard C. Bajork, the Regional Director for the
Thirteenth Region (Chicago, Illinois).
Pursuant to the Direction, an election by secret ballot was con-
ducted on March 24, 1938. Full opportunity was accorded to all the
parties to this investigation to participate in the conduct of the
secret ballot and to make challenges. Thereafter, the Regional Di-
rector, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report, in which
he made the following findings with respect to the results of the
election :
Total number eligible to vote______________________________ 225$
Total number of ballots cast______________________________ 56
15N L.R B 703.
2 5 N L R B 706
3 This is an approximate figure.
624
DECISIONS AND ORDERS 625
Total number of votes in favor of International Ladies Gar-
ment Workers Union, Local 76 ----------------------------- 53
Total number of votes against the International Ladies Gar-
ment Workers Union, Local 76____________________________ 3
Total number of blank ballots______________________________ 0
Total number of void ballots______________________________ 0
Total number of challenged ballots---------------- ---- 0
The Regional Director in his recital in the Intermediate Report of
the circumstances relative to the holding of the election stated, in
part, that he was reliably informed and believes that the notice of
election mailed to the Company was not posted until approximately
4: 30 p. m. on the day of the election, although the polls were opened
at 3:00 p. in. on said day; that a group of five employees inter-
mittently joined by the representatives of the Company stationed
themselves directly in front of the polling place, observing employees
as they voted; and that affidavits filed with him by employees of the
Company allege that Company representatives stood by while a
petition endorsing the Company was circulated in the plant and that
such representatives of the Company participated in advising em-
ployees against voting in the election. Under all the facts, the Re-
gional Director recommended certification of International Ladies
Garment Workers Union, Local No. 76, as the bargaining repre-
sentative.
The Company filed exceptions to the Intermediate Report in which
it denied participation by the Company in any of the activities set
forth in the Intermediate Report and in which it denied that the
Board had jurisdiction to conduct the election or that it has authority
to certify the International Ladies Garment Workers Union, Local
No. 76, as the bargaining representative.
The Board has carefully considered the Intermediate Report on
the secret ballot, the exceptions filed by the Company; and an addi-
tional report made by the Regional Director relative to said election.
Upon such consideration the Board finds that the employees of the
Company had adequate knowledge relative to the holding of the
election and that the majority of employees within the appropriate
unit have selected and designated the International Ladies Garment
Workers Union, Local No. 76, as their bargaining representative.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that International Ladies Garment Workers
Union, Local No. 76, has been designated and selected by a majority
626 NATIONAL LABOR RELATIONS BOARD
of the production and maintenance employees of the New York
Handkerchief Company,who appear on the pay roll as of January 28,
1938, excluding clerical and supervisory employees, and those em-
ployees who have since quit or been discharged for cause, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Inter-
national Ladies Garment `Yorkers Union, Local No. 76, is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment.