Bear Brand Hosiery Co.

National Labor Relations Board - Board Decisions

Nov 7, 1941

36 N.L.R.B. 784 (N.L.R.B. 1941)

In the Matter of BEAR BRAND HOSIERY COMPANY, and UNITED TEXTILE
WORKERS OF AMERICA, LOCAL 2564,1 AFFILIATED WITH THE A. F. OF L.
Case No. R-2895
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 7, 1941
On September 18, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 2 in the
above-entitled proceeding. The Board therein directed that separate
.-r-elections,. be, conducted among (1) all production and. maintenance
employees of the Company; and (2) all powerhouse employees'ef the
Company. Pursuant to the Direction of Elections, separate elections
by secret ballot were conducted on October 2, 1941, under the direction
and supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois ). On October 9, 1941, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties separate Election Reports with respect to the
balloting. No objections to the conduct of the ballot among produc-
tion and maintenance employees or to the Election Report with respect
'thereto'have been filed by any of the parties.
As to the balloting among the production and maintenance em-
ployees and its results, the Regional Director reported as follows :
Total ballots cast_________________________________________ 1,695
Total ballots challenged___________________________________ 68
Total blank ballots--- ------------------------------------- 2
Total void ballots _________ ------ 1
Total valid votes cast_____________________________________
Votes cast . for United Textile Workers of America , Local 2564,
1,624
affiliated with the A. F. of L._____________________________ 1,012
Votes cast against United Textile Workers of America, Local
25G4, affiliated with the A . F. of L.________________________ 612
i Due to a typographical error , referred to as Local 3564 in the Decision and Direction
of Elections.
2 35 N. L. It. B., No. 113.
36 N. L. R. B., No. 162.
784
DECISION 'S OF NATIONAL LABOR RELATIONS BOARD 785
Since the challenged ballots can not affect the result of the election,
the Regional Director recommended that they be.not opened. We find
it unnecessary to make any determination with respect thereto.
As to the balloting among the powerhouse employees and its results,
the Regional Director reported -as follows:
Total. alleged eligibles_____________________________________ . 32
Total ballots cast_________________________________________ 31
Total ballots challenged___________________________________ 31
The Regional Director further reported, among other things, that on
September 26, 1941, International Brotherhood of Firemen and Oilers,
Local 290, affiliated with the American Federation of Labor, the, labor
organization involved in the election among the powerhouse employees,
filed charges against the Company under Section 10 (b) of the
National Labor Relations Act. , The Regional Director recommended
that certain of the challenged ballots be not opened and that certain
others be impounded and no investigation made pending a resolution
of the above-mentioned charges. On October 14,1941, the Company
filed its objection to the Election Report.
We shall at this time defer passing upon the Company's objections
and ruling upon the challenges until such time as disposition has been
made of the pending charges. However, we can at this time certify
the United for the production and maintenance unit.
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, 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 United Textile Workers of America,
Local 2564, affiliated with the A. F. of L., has been designated and
selected by a majority of all production and maintenance employees
of Bear Brand Hosiery Company, paid on an hourly and piece-rate
basis including employees in the box and printing departments, but
excluding supervisors, foremen, assistant foremen, office employees,
factory clerks, time-study employees, factory police and deputies,
watchmen, truck drivers, and powerhouse employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the National Labor Relations Act, United Textile
Workers of America, Local 2564, affiliated with the A.Y. of L., 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.
MR. GERARD D. REILLY took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.
4 3 3118-4 2-v o l: 36-51 .