Goldberg & Seltzer, Inc.

National Labor Relations Board - Board Decisions

Nov 29, 1941

37 N.L.R.B. 205 (N.L.R.B. 1941)

In the Matter of GOLDBERG & SELTZER, INC., and INTERNATIONAL LADIES
HANDBAG, POCKETBOOK & NOVELTY WORKERS UNION, A. F. OF L.
Case No. R-32-38.-Decided November 29, 1941
Investigation and Certification of Representatives : stipulation for certification
of representatives upon consent election. ,
Mrs. Elinore M. Herrick, for the Board.
Mr. Murray Seltzer and Mr. J. G. Spitz, for the Company.
Mr. Norman Zukowsky and Isadore Laderman, for the A. F. of L.
1llr. W. F. Leahey, for the Employees' Union.
Mr. Reynolds C. Seitz, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 21, 1941, International Ladies Handbag, Pocketbook and
NoveltyWorkers Union, A. F. of L., herein called the A. F. of L.,
filed with the Regional Director ' for the Second Region (New York
City) a petition alleging that a, question affecting commerce had arisen
concerning the representation of employees of Goldberg and Seltzer,
Inc., herein called the Company, engaged in the manufacture of ladies'
handbags at Poughkeepsie, New York, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
September 18, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing on due notice. On September 10, 1941, the Company, the
A. F. of L., the Employees Union of Goldberg and Seltzer, Inc., herein
called the Employees Union, and the Regional Director entered into
a "STIPULATION FOR CERTIFICATION OF REPRESENTATIVES UPON CONSEN7
ELECTION."
37 N L R B., No. 31.
205
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the stipulation, an election by secret ballot was con-
ducted on September 18, 1941, under the direction and supervision of
the Regional Director,, among all, production employees of the-Com-
pany, excluding supervisors, office, clerical, shipping, and maintenance
employees, to determine whether they desired to be represented by the
A. F. of L. or by the Employees Union, for purposes of collective
bargaining, or by neither.
On or about September 19, 1941, the A. F. of L. filed with the Re-
gional Director objections to the election, alleging improper conduct
of the Company in connection with the election. Under date of Sep=
tember 27,' 1941, the Company filed with the Regional Director an
answer, in substance denying the alleged improper conduct. On Octo-
ber 24, 1941, the Regional Director issued her Report upon Secret
Ballot and Determination of Challenges and Objections to Election.
Therein, the Regional Director found that the objections of the A. F.
of L. raised no substantial or material issues, and also ruled upon the
validity of 14 ballots cast at the election under challenge. The stipu-
lation provided that the rulings of the Regional Director on objec-
tions and on challenged ' ballots should be final. No objections to-the
rulings of the Regional Director have been filed by any of the parties.
In the Report, after ruling upon the challenged ballots, the Regional
Director reported as follows concerning the balloting and its results :
Total on eligibility list-------------------------------------- 224
Total ballots cast -------------------------- ----------------- 212
Total valid ballots------------------------------------------ 204
Total votes in favor of International Ladies Handbag, Pocket-
book and Novelty Workers Union, A F of L---------------- 96
Total votes in favor of Employees Union of Goldberg and
Seltzer, Inc----------------------------------------------- 105
Total votes in favor of neither union------------------------- 3
Total blank votes------------------------------------------- 0
Total void ballots -------------- ___________------ 0
Total votes challenged and ruled invalid---------------------- 8
Upon the basis of the stipulation, the Election Report, and 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 Goldberg and Seltzer, Inc., Poughkeepsie,
New York, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production employees exclusive of supervisory; clerical, office,
shipping, and maintenance employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the Act.
GOLDBERG & SELTZER, INC. 207
3. The Employees Union of Goldberg and Seltzer, Inc., 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 Act.
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,
IT IS HEREBY CERTIFIED that the Employees Union of Goldberg and
Seltzer, Inc., has been designated and selected by a majority of all
production employees exclusive of supervisory, clerical, office, ship-
ping, and maintenance employees as their representative for the pur-
poses of collective bargaining, and that pursuant to Section 9 (a) of
the National Labor Relations Act, Employees Union of Goldberg and
Seltzer, Inc., 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.