Orgill Brothers & Co.

National Labor Relations Board - Board Decisions

Oct 25, 1941

36 N.L.R.B. 404 (N.L.R.B. 1941)

In the Matter Of ORGILL BROTHERS & COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. B-3072.-Decided October 25,1941-
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election.
Mr. Earle K. Shawe, for the Board.
Mr. Edmund Orgill, of Memphis, Tenn., for the Company.
Mr. William R. Henderson, of Memphis, Tenn., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 3, 1941, Steel Workers Organizing Committee, herein
called the Union, filed with the Regional Director for the Tenth
Region (Atlanta, Georgia) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Orgill Brothers & Company,' herein called the Company, which is
engaged in the sale and distribution of various hardware products at
a warehouse which it maintains in Memphis, Tennessee, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On September 3, 1941, the National Labor Relations
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 investigation
and authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice. On September 6, 1941, the
Company, the Union, and an attorney for the Board entered into a
"Stipulation for Certification Upon Consent Election."
1 Referred to in some of the formal papers as Orgill Brothers Company.
36 N. L. R. B., No. 82.
404
• 'OR'GILL• BROTHERS & 'COT(%IPAIVY '405
Pursuant t'o the _ S"tipiihtion an 'election by secret balfot was con-
ducted on September 24, 1941 , under the direction and supervision
of 'the Regional Director , among 'all of the warehouse 'employees em-
ployed at the Comp'any's Memphis warehouse , excluding 'tho'se erri-
ployees employed in said warehouse in a. supervisory and clerical
capacity , to determine whether 'or iiot said "employees ' desii e to be
repres 'en'ted by the Union fo'r the purposes of c'olleetide ba'rgaini'ng.
''On September 26, 1941 ,' the Regional Direct4l issued and duly served
upon the parties an Election Report 'on the ballot . No object'ion's to
the coiiduct 'of the ballot or the Election Report have been filed by aiiy
'of 'the parties.
In his Election Report the Regional Director 'repo 'rted as follows
concerning the 'balloting and ii1 'results :
Total number eligible_______________________________________ 150
Total ballots cast-'
--------------------------------------
-
-
146
Total number of ballots cast for Steel Workers Organizing
Committee.------------------'----------------------------- 74
Total number of ballots cast against Steel Workers Organizing
Committee ----------------------------------------------- 70
Total number of challenged ballots___________________________ 1
Total number of void ballots________________________________ 1
Total number of blank ballots-------------------------------- 0
On 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 Orgill Brothers & Company, Memphis,
Tennessee, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All the warehouse employees employed at the Company's Mem-
phis warehouse, excluding those employees employed in said ware-
house in a supervisory, and clerical capacity, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Steel Workers Organizing Committee 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 employees in said unit, within the
meaning of Section 9 (a) of the National Labor Relations Act.
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 HEImy cERTmFIEU that Steel Workers Organizing Committee has
been designated and selected by a majority of all the warehouse em-
ployees employed at the Memphis warehouse of Orgill Brothers &
,Company, Memphis, Tennessee, excluding those employees employed
.in said warehouse in a supervisory or clerical capacity, as their repre
sentative for the purposes of collective bargaining, and that, pursuant
..to Section 9 (a) of the Act, Steel Workers Organizing Committee is
the exclusive representative. of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.