Reliance Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 10, 1944

57 N.L.R.B. 1238 (N.L.R.B. 1944)

In the Matter of RELIANCE MANUFACTURING COMPANY 6Md INTERNA-
TIONAL LADIES GARMENT WORKERS UNION
Case No. 9-R-1174.
SUPPLEMENTAL DECISION
AND
ORDER
August 10, 1944
On October 21, 1943, pursuant to the decision and Direction of Elec-
tion'issued by the Board herein on September 29, 1943,1 an election by
secret ballot was conducted tinder the direction and supervision of the
Regional, Director for the' Ninth Region (Cincinnati, Ohio). On
October, 22, 1943, the Regional Director, acting pursuant to Article.
III, Section 10; of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, issued and duly served upon-the parties
a Report on Ordered Election.
The report shows that of the approximately 823 eligible' voters, 668
-cast valid votes, of which 243 were for International Ladies Garment
Workers Union, A. F. of L., and 425 against. Three ballots were chal-
lenged, 3 were void, and 5 were blank.
On October 25, 1943, the Union filed- Objections to the Conduct of
the Election, alleging, in substance, that the Company, its officers,
agents, and supervisory employees urged the employees to vote against
the Union, carried signs derogatory of the Union, aided, abetted, and
permitted employees to commit acts, of violence upon members of the
Union, and otherwise interfered with the course of the election.
Thereafter the Company filed its answer denying the matters set forth
in the Union's Objections.
On March 22, 1944, the Board filed its Petition for Rule to show
Cause, for Adjudication in Contempt and for Other Relief in the United
States Circuit Court of Appeals for the Seventh Circuit, alleging that
the Company and its officers and agents, by various acts of interference
with the election above mentioned, had thereby disobeyed and disre-
garded the C'ourt's decree of February 16, 1942, made and entered, in
152 N. L. R. B. 1025.
57 N. L. R B., No. 186.
1238
RELIANCE MANUFACTURING COMPANY 1239'
the case of Reliance Manufacturing Company v. National Labor Re-.
lations Board.' A rule to show cause was issued by said court on
March 29, 1944, and answers thereto were filed by the Company and
by the respective individual respondents. The Board then moved for
an adjudication upon the pleadings, which motion was granted, and on
July 8, 1944, the said Court filed its opinion and entered its,order ad-
judging the Company and certain of its named officers and agents as
having disobeyed and violated the Court's decree of February 16,1942,
and, therefore, to be in contempt of said Court.
On July'24, 1944, the Regional Director'issued a Report on Objec-
tions, wherein, on the basis of the facts set forth in the Board's Peti-
tion for Adjudication in Contempt above men'tioned,'and on the basis
of the admissions contained in the Company's answer to said petition,
filed in the said United States Circuit Court, he recommended that the
election be set aside and that a new' election be directed 'in this pro-
ceeding. No exceptions have been filed to said Report within the time
provided therefor.
We have considered' the, Objections, the Answer thereto of the Com-
pany, and the report on Objections, and find that,said Objections are
well taken; we'shall therefore sustain said Objections and'shall set
aside the electionheld'on October 21,1943.'. When the•Regional Direc-
tor shall advise us that the time is appropriate, we shall direct that a
new election be held among the Company's employees.
' .ORDER ' "
IT IS HEREBY^oRDERED that the election. of October 21; 1943,'condue'ted
among,the employees of Reliance Manufacturing Company, Hunting-
ton, West Virginia, and the-results thereof, be, and they hereby are,
vacated , and set aside. ' . ;
CHAIRMAN, MILLIS took. no part in, the'consideration of the, above
Supplemental Decision and Order. ,
2Reliance Mfg. Co. v. N. L R B, 1255 F. (2d) 311, wherein the Court ordered the Com-
pany and its officers and agents , inter dlaa,` to cease ' and desist from "In any other manner
interfering with, restraining , or coercing its employees in the exercise of the right to self-
organization , to form, join or assist labor , organizations,•to bargain collectively through
representatives of their own choosing , or to engage in concerted activities for the purposes
of collective bargaining or other mutual aid and protection as guaranteed in Section 7 of
the National Labor Relations Act." ' •' ' '