The Boss Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 6, 1942

38 N.L.R.B. 971 (N.L.R.B. 1942)

In the Matter of THE Boss MANUFACTURING COMPANY and AMALGA-
MATED CLOTHING WORKERS OF AMERICA, AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-3474-Decided February 6, 1943
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Robert S. Fousek, for the Board.
Mr. M. W. Borders, of Kansas City, Mo., for the Company.
Mr. James Pranzarone, of Kansas City, Mo., for the Union.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On November 24, 1941, Amalgamated Clothing Workers of Amer-
ica, affiliated with the Congress of Industrial Organizations, herein
called the Union, filed with the Regional Director for the Seven-
teenth Region (Kansas City, Missouri) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Boss Manufacturing Company, herein called
the Company, engaged in the manufacture, sale and distribution of
gloves at Kansas City, Missouri, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
December 23, 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 Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice. On January 9, 1942, the Com-
pany, the Union, and an attorney for the Board entered into a
"STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on January 13, 1942, under the direction and supervision of
38 N. L . R. B, No. 175.
971
972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director, among all production and maintenance work-
ers employed in and about the Company's Kansas City, Missouri,
plant, excluding supervisors, office personnel, instructors, janitors,
watchmen, salesmen, and truck drivers, to determine whether or not
said employees desired to be represented by the Union. On the same
day the Regional Director issued and duly served upon the parties
an Election Report on the ballot. No objections to the conduct of
the ballot or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list___________________________________ 264
Total ballots cast__________________________ __ 246
Total ballots challenged___ _ 0
Total blank ballots________________________________ _ 0
Total void ballots________________________________________ 1
Total valid votes counted_________________________________ 245
Votes cast for Amalgamated Clothing Workers of America,
affiliated with the C. I. O_______________________________ 192
Votes cast against Amalgamated Clothing Workers of Amer-
ica, affiliated with the C. I. O___________________________ 53
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 rep-
resentation of employees of The Boss Manufacturing Company,
Kansas City, Missouri, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company
employed in and about its Kansas City, Missouri, plant, excluding
supervisors, office personnel, instructors, janitors, watchmen, sales-
men, and truck drivers, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, has been designated and se-
lected by a majority of the employees in the above-described 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.
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,
THE BOSS MANUFACTURING COMPANY 973
IT is IrPREBY cERTiFTFr, that Amalgamated Clothing Workers of
America, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all production and
maintenance employees of The Boss Manufacturing Company em-
ployed in and about its Kansas City, Missouri, plant, excluding
supervisors, office personnel, instructors, janitors, watchmen, sales-
men, and truck drivers, as their representative for the purposes of
collective bargaining, and that, pursuant to Section 9 (a) of the
Act, Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, is the exclusive representa-
tive 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.