Clarksville Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 21, 1944

57 N.L.R.B. 557 (N.L.R.B. 1944)

In the Matter of 'CLARKSVILLE MANUFACTURING COMPANY and AMAL-
GAMATED CLOTHING WORKERS OF AMERICA (C. I. 0.)
Case No. 10-R-987
SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
ORDER
July 21, 1944
On November 9, ,19431 pursuant to the Decision and.Direction of
Election issued, by the,•Board herein, on October 20, 1943,1 an election
by secret ballot'was conducted under the direction and supervision of
the Regional Director for the Tenth Region (Atlanta, Georgia).
Thereafter, on November 10, 1943, in accordance with the Rules and
Regulations of the Board,2 a Report on Qrdered Election' was issued
and served upon the parties. The report shows that of the approx-
imately 275 eligible voters, 249 cast valid ballots, of which 72 were for
Amalgamated Clothing Workers of America, C. • I. 0., herein called
the Amalgamated;'5 were for United Garment Workers•of America,
A. F. of I.: herein called-,the United;'and 172 were 'against said unions.
Ten ballots' were challenged.
On November 43, 1943,'the Amalgamated filed Objections to said
Election. Report and' to any determination of representatives based
upon the results thereof. 'On December 30,'1943, following an Inves-
tigation,' the Regional Director issued, a Report on Objections to,the
election, in which he found that the Objections raised material and
substantial issues. No exceptions were filed to the said Report.
On February 12, 1944, the Board having, duly considered the. matter
and ,determined that the Objections raised substantial and material
issues with respect to the election, issued an Order directing that the
case be consolidated with Case No. 10-C-1373,3 and that a hearing be
heldon the•consolidated case., Said hearing,^vas held,upon due notice
1-_52 N. L. R . 13" 15M-
Series 2, as amended
$ An unfair labor practice proceeding against the Company, initiated by charges filed by
the Amalganiated•with the • Regional Director 'on February 10, 1944.
57 N: I^. R:.B., IQo.'100. ' - ^ ^, _ ; ,• . , ,
557 ,
r
558 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
at Clarksville, Tennessee, on February 28, 29, and March 1,1944, before
Charles E.. Persons, Trial Examiner. The Board, the Company, and
the" Amalgamated appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, to
introduce evidence bearing on the issues, and. to file briefs with the
Board.' The Trial Examiner, on April 8,19445 issued his Intermediate
Report in Case No. 10-C-1373 in which he found-that the Company,
had interfered with, restrained, and coerced its employees in the exer-
cise of rights guaranteed in Section'-7 of the National Labor Relations
Act and recommended that the Company 'post 'a notice advising the
employees of their rights. The Company has complied with the
recommendations of the Trial Examiner.
,On -July 12, 1944, all parties entered into a' stipulation, whereby
they agreed that the Board may set-aside the election held in this
matter on November 9, 1943, and order a new election without other
or further proceedings, which the parties expressly waived. The
Board approves,' the stipulation of the parties, and in accordance
therewith'will set aside the election and. direct that a new election be
held among the employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of this
Supplemental' Decision, subject to the limitations and additions set
forth in the Direction hereili. Case No. 1OLCL1373' and the instant
case will be severed.
ORDER '
The National Labor Relations Board hereby, orders that Case' No.
10-R-987 and Case • No. 10-C-1373, be, and they hereby. , are severed:
In accordance with the stipulation of the parties, the National Labor
Relations Board hereby vacates and sets aside•the election held in this
proceeding on November 9, 1943, and the result thereof:
SECOND DIRECT1ON OF ELECTION
By virtue of-'and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c)'of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of the National Labor
Relations Board Rules and Regulations-Series 3; it is hereby
DIRECTED that, as part of the investigation to 'ascertain represent-
atives for the purposes'of collective bargainiiig,With Clarksville Man-
ufacturing Company, Clarksville, Tennessee,' an' election by-secret
ballot shall be conducted as early as possible', but not later than thirty*
(30) days from the date of this Second Direction, under the'direetion
and supervision of the Regional Director for the Tenth''Region, acting
in this matter as agent' for the National Labor Relations Board, and
subject to Article III, Sections 10, and 11, of said, rules and, Regula-
_CLARKSVILLE MANUFACTURING COMPANY 559
tions among the employees in the unit found appropriate in the Board's
Decision of October 20, 1943, who were employed during the pay-roll
period immediately preceding the date of this Second Direction, in-
eluding employees who did' not work during said pay-roll period -
because they were ill'or on vacation or temporarily laid off, _and in-
cluding employees in^ the armed'forces of the ,United States; who pre-
sent-themselves in person at the polls; but excluding those employees
who have since quit or have been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by Amalgamated Clothing
Workers of America; affiliated with the Congress of Industrial Organ-
izations, or by United Garment Workers of America, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining, or by neither.
MR. GEIiARD D. REnLr.Y took no part-in the consideration of the above
Supplemental Decision, Second Direction -of Election and Order.
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