A. S. Beck Shoe Corp.

National Labor Relations Board - Board Decisions

Aug 14, 1942

43 N.L.R.B. 214 (N.L.R.B. 1942)

In the Matter of'A . S. BECK SHOE CORPORATION and RETAIL CLERKS,
LOCAL 262, AFL
Case No. R-3789 -
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Aicgust 14, 194°
On June 17, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above -entitled *proceeding.,
Pursuant to the Direction of Election , an election by secret ballot
was conducted on July 2, 1942 , under the direction ^ and supervision
of the Regional Director for the Fifth Region (Baltimore, Mary-
land ). On July 3 , 1942, the Regional Director , acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued an Election Report, copies
of which were duly served upon the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list______________________________________ , 33
Total ballots cast___________________________________________ 30
Total ballots challenged _____________________________________ - 5
Total blank ballots _________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes counted _____________________________ ______ 25
Votes cast for Retail Clerks, Local 262 , AFL_________________ 16
Votes cast against Retail Clerks, Local 262 , AFL______________ 9
On July 9 , 1942 , A. S. Beck Shoe Corporation , herein called the
Company, filed objections to' the conduct of the ballot and the Elec-
tion Report upon the grounds , ( 1) that "no proper notice" of tha
election herein was given three employees of the Company who did
not work during the pay-roll period immediately preceding the Direc-
tion of Election herein because they were in the active military service
or training of the United States; and ( 2) that , the challenged ballots
of five employees should be opened and counted since these employees
141 N. L. R. B. 1043.
43 N. L. R. B., No. 25.
214
A. S. BECK SHOE CORPORATION 215
were eligible to participate in the election pursuant to the Decision
and Direction of Election herein. On July 20, 1942, the Regional.
Director, acting pursuant to Article III, Section 9, of said Rules and
Regulations, issued and duly served upon the parties his Report on
Objections to Election Report, stating in substance that the Com-
pany's objections with respect to the failure to notify the'three em-
ployees now in the active military service or training of the United
States were without merit, and further that the five challenged ballots
could not affect the results of the election. The Board has considered
the Election Report, the objections thereto, and the Regional Direc-
tor's Report on Objections, and finds that the objections do not raise
substantial and material issues in respect to the conduct of the ballot
or to the Election Report. The objections with respect to the three
employees now in the'active military service or training of the United
States are hereby overruled. Since the five challenged ballots cannot
affect the results of the election, it is unnecessary to. make any deter-
mination in connection therewith.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ,
IT IS HEREBY, CERTIFIED that Retail Clerks, Local 262, AFL, has
been designated and selected by a majority of all regular, contingent,
and extra salesmen, including Edward F. deWolfe, and all regular
and extra salesgirls employed by A. S.. Beck Shoe Corporation at its,
Washington, D. C., store, but excluding the hostess, cashier, wrapper,
stock boy, and porter, and the manager and assistant manage'', as
their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the National Labor Relations Act,
Retail Clerks, Local 262, AFL, is the exclusive representative 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.
MR. WM. M. LEISERSON took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.