H. Greenberg & Son, Inc.

National Labor Relations Board - Board Decisions

Nov 7, 1941

36 N.L.R.B. 789 (N.L.R.B. 1941)

In the Matter of H. GREENBERG & SON7 INC., A CORPORATION, and
TEXTILE WORKERS UNION OF AMERICA, AFFILIATED WITH THE
C. I. O.
Case No. R-3214-Decided November 7, 1941
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Lester Asher, for the Board.
Mr. Joe Greenberg, of Chicago, Ill., for the Company.
Mr. C. A. Saunders, of Chicago, Ill., for the C. I. O.
Mr. Joseph, M. Jacobs, of Chicago, Ill., for the A. F. of L.
Mr. Gerard J. Manack, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 2, 1941, Textile Workers Union of America, affiliated
with the C. I. 0., herein called the C. I. O., filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of H. Greenberg & Son, .Inc., a corpora-
tion, herein called the Company, engaged in the manufacture, sale,
and distribution of draperies drapery piece goods, portieres, and
valances, at Chicago, Illinois, and requesting an investigation and
certification of representatives, pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
the same day, the Company, the C.• I. 0., Drapery Window Shade,
Tapestry and Flag and Bunting Decorators Union, Local 17, of -the
Upholsterers' International Union of North America, A. F. of L.,
herein called the A. F. of L., and an attorney for the National Labor
Relations Board, herein called the Board, entered into a "Stipulation
for Certification Upon Consent Election." On August 11, 1941, 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
36 N. L. R. B., No. 164.
789
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director to conduct it and provide for an appropriate
hearing upon due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on October 16, 1941, under the direction and supervision of the
the Regional Director, among all production and maintenance em-
ployees of the Company, exclusive of supervisory and clerical em-
ployees, to determine whether said employees desired to be represented
by the C. I. O. or by the A. F. of L., or by neither. On October 16,
1941, the Regional Director issued and duly served upon the parties
his Election Report on the ballot. No objections to the conduct of
the ballot or the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results:
Total on eligibility list------------------------------------ 34
Total ballots cast------------------------------------------ 31
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid ballots cast--'----------------------------------- 31
Ballots cast for C. I. 0. Union-------------------------------- 16
Ballots cast for A. F. of L. Union--------------------------- 15
Ballots cast for neither------------------------------------- 0
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 H. Greenberg & Son, Inc., a corporation,
Chicago, Illinois, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company, ex-
clusive of supervisory and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. Textile Workers Union of America, affiliated with the C. I. 0.,
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.
H. GREEN BERG & SON, INC. 791
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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Textile Workers Union of America,
affiliated with the C. I. 0., has been designated and selected by a
majority of the production and maintenance employees of H. Green-
berg & Son, Inc., a corporation, exclusive of supervisory and clerical
employees, as their representative for the purposes of collective bar-
gaining, and that pursuant to the provision of Section 9 (a) of the
Act, Textile Workers Union of America, affiliated with the C. I. 0.,
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.