United Fur Manufacturers Association, Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1942

43 N.L.R.B. 369 (N.L.R.B. 1942)

In trie Matter of UNITED FUR MANUFACTURERS ASSOCIATION, INC. and
AMERICAN FEDERATION OF FUR- WORKERS, LOCAL, 22358
`Case No. R-3085.-Decided August 19, 1944
Investigation and Certification of Representatives : consent election vacated and
set aside where employer interfered with its conduct.'
Mr. Frederick R. Livingston, for the Board.
Mr. Joseph J. Bernstein, of New York City, for the Company.
Mr. Gustave A. Gerber, of New York City, for Local 22358.
Leider, Witt & Carnmer, by Mr._ D.• William Leider and Mr.
Harold I. Cammer, of New York City, for Local 70.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT, OF THE CASE
Upon petition and amended petition duly filed by'American Fed-
eration of Fur Workers, Local 22358, A. F. of L., herein called Local
22358,'alleging that a question' affecting commerce had-arisen con-
cerning the representation of employees of United Fur Manufac-
turers Association, Inc., New York City, herein called the Company,
the National Labor Relations' Board provided for an appropriate
hearing upon due notice before'James'C: Paradise; Trial Examiner.
Said hearing was held at New York City on September 25, 1941.
The Company, Local 22358, and Greek Fur Workers Union, Local 70,
C. J. 0., herein called Local 70, appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. There-
after, before-any decision was rendered oii-the record, the Company,
Local 22358 and Local 70, entered into a "Stipulation for Certification
Upon Consent Election." Pursuant to the stipulation, an election
by secret ballot was -conducted on November 13,,1941, under the
supervision, of the Regional Director for the Second Region (New'
York City). On December 19, 1941, the Regional Director,, acting
,pursuant to Article III, Section 9, of National Labor Relations
43 N. L. R. B., No. 60.
369
481039-42-vol: 43-24
370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
',Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties an Election Report.
As to the, balloting and its results, the Regional Director reported
as follows:
Total on eligibility list_________________ 485
Total ballots cast------------------------------------------- 462
Total ballots challenged----------------------------------- - - 20
Total blank ballots----------------------------------------- 1
Total void.ballots------------------------------------------- 1
Total valid votes counted---------------------------------- 440
Votes cast for Greek Fur Workers Union, Local 70,'C I. O
Votes cast for American Federation of Fur Workers, A. F. of
213
L., Local 22358 --------------------------- -------- 222
Votes cast for neither union -------------------------- '------ 5
The Regional Director recommended that the challenges to 13 of
the ballots be overruled and that, the challenges to 7 of the ballots
be' sustained. On December • 24, 1941, Local 22358 ' filed objections
to 'the Election Report, objecting to the Regional Director's ruling
with respect to 2 of the challenged ballots. On the same day Local
70 filed objections to the conduct of the election and the Election
'Report, alleging that the Company had`interfered with the conduct
of the election and protesting various rulings on challenged ballots.
On January 29, 1942, the Board, having duly considered the-
Elec-tion Report and the objections, concluded that the, objections 'raised
substantial material issues with respect to the conduct of the ballot
and'issued an order directing a hearing on objections. Said hearing
on objections was held at New, York City, on May 25, 26, .27, 'and
28, '1942, before Henry. J. Dent, Trial Examiner. The Company,
Local 22358, and Local 70 appeared, participated, and were, afforded
full opportunity to be heard, to examine and, cross-examine wit-
nesses, and to introduce evidence bearing on the issues., The Trial
Examiner's rulings made at the hearing are free from prejudicial
error, and are -hereby affirmed. On July 1 and -2, 1942, respectively,
Local 22358 and Local 70: filed briefs. On, July 2- and 13, 1942,
respectively, Local 22358 and Local 70 filed reply briefs. All briefs
have been duly considered by the Board.
Upon the entire record in the case the Board makes•tlie following:
i
FINDINGS OF FACT
Several witnesses testified at the hearing on objections that super-
visory officials of constituent firms making up the Company had
directed them how to vote on election day. Anastasia, Moraitow
testified that the day before the election she was told by the, "boss'
,,son" "Don't vote for Local 70, vote for 23rd Street." All parties
UNITED FUR MANUFACTURERS ASSOCIATION, INC. 371
agreed that 23rd Street refers to Local 22358. Helen Lewis testi-
fied that on the night of the election the three partners of the firm
for which she worked pointed to sample ballots posted in the plant
and instructed the employees "not to forget to vote for the A. F. of L."
Alex Zerbas testified that the day before the election the proprietor-
of the firm for which he worked told him to vote for the 23rd Street
organization. Isadore Gertzer testified that his foreman on the day
preceding the election instructed him to vote for the A. F. of L.
Two other witnesses called by Local 70 testified that the owner of
one of the firms involved herein instructed the floor boys'to vote for
the A. F. of L. Steve Zografaikis testified that the proprietor of
the shop in which he,worked called Local 70 "a bunch of communists
and racketeers." He testified that his boss also stated that if Local
22358 won the election better conditions would prevail in the plant
and that the-employees would have year around jobs. James Tri-
couke testified that he was told on the day before the election by the
proprietor of the firm for which he worked "You are a very young
fellow and we should like to have you work here with us and we
think the A. F. of L. should win this c_ oniing election."
The Company did not present any witnesses at the hearing on
objections, none of the persons alleged to have made the remarks set
out above appeared at the hearing, nor was any of the above testi-
mony controverted. We accept the testimony as true.
We find that by the remarks above described the Company inter,
fered with and coerced its employees in the exercise of their right
to self-organization and to collective bargaining through representa-
tives of their own choosing. As a consequence; the election of Novem-
ber 13, 1941, does not reflect the free choice of the employees and
must be set aside. In the circumstances no purpose will be served
by ruling upon the challenged ballots. -
ORDER
IT IS HEREBY-ORDERED that the election of November 13, 1941; con-
ducted among the employees of United Fur Manufacturers Associa-
tion, Inc., New York City, and the results thereof, be, and they hereby
are, vacated and set-aside.
MR. GERARD D. REIL Y took no part in the consideration of the
above Decision and Order.