American Spectacle Co., Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1111 (N.L.R.B. 1941)

In the Matter of'AMERICAN SPECTACLE Co., INC. and UNITED OPTICAL
WORKERS UNION, LOCAL 208
Case No. B-3,009.-Decided November 18, 1941
Investigation and Certification of Representatives : stipulation for certification ,
on consent election.
Mrs. Elinore M. Herrick, for the Board,.
Foster c Sorin, of New York City, for the Company.
Mr. Sebastian Rebaldo, of New York City, for the C. I. O.
Mr. Albert Wagner, of New York City, for the A. F. L.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
- On April 7, 1941, United Optical Workers Union, Local 208, affili-
ated with the Congress of Industrial Organizations, herein called the
C. I. 0., filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
American Spectacle Co., Inc., herein called the Company, and en-
gaged in the manufacture, sale and distribution of sunglasses, gog-
gles and spectacles, in New York City at the plant here involved, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On June 6, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
,9 (c) and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On June 23, 1941, the Company, the C. I. 0., the Regional Direc-
tor, and Optical Workers Union, Local 22732, affiliated with the
American Federation of Labor and herein called the A. F. L., entered
into a "STIPULATION FOR CERTIFICATION ON CONSENT
36 N. L R B., No. 227.
1111
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ELECTION." Pursuant to the stipulation, an election by secret
ballot was conducted on July 15, 1941, under the direction and super-
vision of the Regional Director, among all factory employees whose
names appeared on the Company's pay roll for the week ending May
16, 1941', exclusive of supervisors and executives, and exclusive of-
employees who had voluntarily resigned or were discharged for cause
prior to the date of the election, to determine whether they desired
to be represented by the C. I. O. or by the A. F. L. for the purposes
of collective bargaining, or by neither: On July 24, 1941, the
Regional Director issued and duly served upon the parties an Election
Report.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number, eligible to vote_______________________________ 29
Total number of ballots cast________________________________ 27
Total number of valid ballots_______________________________ 26'
Total number of votes in favor of C. I. O____________________ 14
Total number of votes in favor of -A F. L___________________ 12
Total number of votes in favor of neither union ______________ 0
Total number of blank votes --------------------------------- 0
Total number of ,void_ballots________________________________ 0
Total number of challenged votes-------------------
About
1
August 1, 1941, the A. F. L. filed-. objections to the conduct
of the election and the Election Report. On September 12, 1941,
the Regional Director issued a Supplemental, Election` Report -and
Report on Objections, copies of which were duly -served upon the
parties. On September 20, 1941, the A. F. L. filed objections to the,,
Supplemental Election,Report and Report on Objections. On, Oc
tober, 7, 1941, the Regional Director issued a Report on Objections to
the Supplemental Election Report, copies of which were duly served
upon the parties. -
In her Supplemental Election Report and Report on Objections,.
and in her Report,on Objections to the Supplemental Election Report,
the Regional Director found that the objections to the conduct of the
election and certain objections to her rulings upon challenges were
without merit. The "STIPULATION FOR CERTIFICATION
ON CONSENT ELECTION," entered into by all the parties, pro-
vides that the Regional Director's rulings upon such matters shall
be final.:, '
' Section 6 of the stipulation provided as follows :
"Such election shall be held in conformity with and subject to Article III, Section
9, of the National Labor Relations Board Rules and Regulations-Series 2, as amended,
and the rules , regulations and decisions of the National Labor Relations Board per-
taining to the conduct of elections by secret ballot, provided that the Regional
Director shall investigate and rule finally upon any objections which may be filed
to her Election Report or to the conduct of the ballot, and shall serve such Report
AMERICAN SPECTACLE CO., INC. 1113
Upon 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 American Spectacle Co., Inc., New York
City, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All factory employees employed by the Company at its New
York City plant, exclusive of supervisors and executives, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
3. United Optical Workers Union, Local 208, affiliated with the
Congress of Industrial Organizations, 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 the 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 La-
bor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Optical Workers Union, Local
208, affiliated with the Congress of Industrial Organizations, has
been designated and selected by a majority of the factory employees
employed,,at the New York City plant of American Spectacle Co., Inc.,
exclusive of supervisors and executives, as their representative for
the purposes of collective bargaining, and that, pursuant to the
provisions of Section 9 (a) of the Act, United Optical Workers
Union, Local 208, affiliated with the Congress of Industrial Organi-
zations, is the exclusive representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
on Objections upon all of the parties to this Stipulation and that all parties to this
Stipulation waive any hearing upon such objection."
Section 16 of the stipulation provided .
"The Employer, the C. I. 0 and the A F. L. agree to be guided by and to abide
by all rulings of the Regional Director on any question raised relating to such election
and not determined in this agreement." - -