Hat Corp. of America

National Labor Relations Board - Board Decisions

Sep 6, 1941

35 N.L.R.B. 245 (N.L.R.B. 1941)

In the Matter Of HAT CORPORATION OF AMERICA and UNITED HATTERS,
CAP AND MILLINERY WORKERS INTERNATIONAL UNION, A. F. OF L.
Case No. R-2917.-Decided September 6, 1941
Practice and Procedure : petition dismissed where results of an election, held
pursuant to a stipulation for certification upon consent election, show that no
representative has been selected by a majority of the employees in the
appropriate unit.
Mrs. Elinore M. Herrick, for the Board.
McLanahan, Merritt, Ingraham d Christy, by Mr. Henry Clifton,.
of New York City, for the Company.
Mr. Elias Lieberman and Mr. Marx Lewis, of New York City, for
the Union.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On July 31, 1941, United Hatters, Cap and Millinery Workers' In-
ternational Union, A. F. of L., herein called the Union, filed with
the Regional Director for the Second Region (New York City) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Hat Corporation of
America, herein called the Company, engaged in the manufacture,
sale, and distribution of hats at East Norwalk, Connecticut, and re-
questing 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 August 11, 1941, the' National Labor Re-
lations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
35 N. L. R. B., No. 49.
245,
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notice. On August 7, 1941,1 the Company, the Union, and the Board
entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 13, 1941, under the direction and supervision of the
Regional Director among all second-floor trimmers employed by the
Company at its Plant Number 1, excluding supervisors, foremen,
assistant foremen, clerical employees, floor boys (buggy luggers),
inspectors (passers), timekeepers, and time-study employees, to de-
termine whether or not said employees desired to be represented by
United Hatters, Cap and Millinery Workers' International Union,
A. F. of L. On August 16, 1941, the Regional Director issued and
duly served upon the parties her 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 her Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total cumber eligible to vote______________________________ 153
Total number of ballots cast______________________________ 138
Total number of valid ballots_____________________________ 138
Total number of votes cast in favor of United Hatters, Cap
and Millinery Workers' International Union, A. P. of L__ 69
Total number of votes cast against the aforementioned union- 69
Total number of blank votes______________________________ 0
Total number of void ballots_____________________________ 0
Total number of challenged votes-- _______________________ 0
The results of the election show that no representative leas been
selected by a majority of the employees of the Company in the unit
herein found appropriate. The petition of the Union for investiga-
tion and certification of representatives of employees of the Company
will therefore be dismissed.
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 Hat Corporation of America, East Nor-
walk, Connecticut, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All second-floor trimmers employed by the Company at its
Plant Number 1, excluding supervisors, foremen, assistant foremen,
clerical employees, floor boys (buggy luggers), inspectors (passers),
' The stipulation is dated August 7, 1941, but the Regional Director' s Election Report,
hereinafter referred to, states that it was entered into on August 1, 1941.
HAT CORPORATION OF AMERICA 247
timekeepers, and time-study employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
ORDER
By virtue of 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,
the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees
of Hat Corporation of America, East Norwalk, Connecticut, filed by
United Hatters, Cap and Millinery Workers' International Union,
A. F. of L., be, and it hereby is, dismissed.