L-U-C-E Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1029 (N.L.R.B. 1942)

i
01
In the Matter of L-U-C-E MANUFACTURING COMPANY and KANSAS CITY
LUGGAGE AND NovELTY WORKERS LOCAL #66, AFFILIATED WITH TBE
AMERICAN FEDERATION OF LABOR
Case No. R-3467 ,
SUPPLEMENTAL DECISION AND DIRECTION
June 16, 194
On April 9,1942, the National Labor Relations Board issued a Deci-
sion and Direction of Election in this proceeding.' Pursuant to the
Direction of Election, an election by secret ballot was conducted on'
April 29, 1942, under the direction and supervision of the Regional
Director for the Seventeenth Region (Kansas City, Missouri). On
May 4, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served on the parties an Election
Report.
As'to the balloting and its results, the Regional Director reported as
follows :
Total on eligibility list ------- --------------------------- -_ 376
Total ballots cast___________________________________________ 193
Total ballots challenged____________________________________ 37
Total blank ballots ------------ ----------- -__------------ 0
Total void ballots___________________________________________ 1
Total valid votes counted____________________________________ 155
Votes cast for Amalgamated Clothing Workers of America____ 79
Votes cast for Kansas City Luggage and Novelty Workers______ 76
Votes cast for neither________________________________________ 0
In view of the fact that the counting of the challenged ballots was
essential to determine the results of the election, the Regional Director
investigated the validity of the 37 challenged votes and reported his
findings and recommendations with respect to each of them.
Concerning the 37 challenged ballots cast, the Regional Director re-
ported that the ballot of Eva Heinz had been challenged by Kansas
City Luggage and Novelty Workers, Local #66, affiliated with the
American Federation of Labor, herein called the A. F. of L., and that
the remaining 36 ballots had been challenged by L-U-C-E Manufac-
140 N. L. R. B. 384.
41 N. L. R. B., No. 188.
1029
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
turing Company, Kansas City, Missouri, herein called the Company.
With respect to the ballot of Eva Heinz, the Regional Director reported
that there was merit in the challenge and recommended that her ballot
be considered invalid and not counted. With respect to the other 36
challenges, the Regional Director- reported that there was no merit in
the challenges of the Company to the votes of Blanche'Altmdn, Flora
Baker, Goldie Blackman, Hazel E. Blackman, Harry Bernhardy,
Falba Bowling, Harvey M. Curran, Jr., Helen M. DeWitt, Alton R.
Flinn, Rollie R. Houts, Carl Hill, Pauline Hobson, Wilma E. Ketner,
Ellen M. Lammers, Roscoe Mustain, Genevieve Mierzwa, Mary E.
Miller, Caroline Beck Moehlman, Jessie Minsch, Ola Oldham, Kenneth
Pendergraff, Wanda Parrock, Mary Pickel, Claudia Rojas, James
Rhodes, Betty Reichter, Mary Rojas, Robert Robinson, Merle Rader,
John Starnes, Quincy Sousley, Doris Shannon, Ben Worman, Leo
Zillman, Edward Trumball, and Mathew J. Unrein, hereinafter col-
lectively called the 36 challenged voters, and recommended that their
votes be considered valid and counted.
On May 9, 1942, Amalgamated, Clothing Workers of America,
affiliated with the-Congress of. Industrial Organizations , herein called
the C. I. 0., filed its objections to the Election Report, _ alleging
generally that the Regional Director had erroneously ruled. upon
the validity of the ballots of the 36 challenged voters noted above.
On May 11, 1942, the Company filed its objections to the Election
Report. The Company in its objections generally alleged that the 36
challenged voters had left the Company's employ and were perma-
nently employed elsewhere than at the Company's plant on the day
of the election, that they had refused -reinstatement offered by the
Company, that they had no -intention-of returning to work at the
Company's plant, and that for this reason they were not entitled to
vote under the Board's Decision and Direction ' of Election in this
proceeding.
On May 17, 1942, the Regional Director issued a Report on Objec-
tions, copies of which were duly served upon the parties. In view
of the allegations made by the Company, the Regional Director recom-
mended that the Board order a hearing before a Trial Examiner to
inquire further into the permanency of the employment of the 36
challenged voters and their intentions to return to the Company's
plant.
Early in October 1941, before the petition was filed in this pro-
ceeding, the Company resorted to-the Circuit Court of Jackson,County,
Missouri, for relief of the strike conditions at its plant, requesting
that the Court certify to the Company the proper bargaining repre-
sentative of its employees and praying an injunction against the
L-U-C-E MANUFACTURING COMPANY 1031
picketing of the A. F. of L. The Court enjoined the picketing at the
plant, -but remitted the parties to the Board for the' determination
of a bargaining representative. In our Decision and Direction issued
on April 9, 1942, we set forth the history of the labor dispute at the-
Company's plants and the several efforts made to settle the dispute,
including the 2 offers of reinstatement to which the Company makes
reference. At the time of the hearing in this proceeding, on January
19, 1942, there were alleged to be about 134 striking employees who
had not been reinstated at the Company's plant, although, pending
the settlement of the dispute, some of them had gained temporary,
employment elsewhere. For the reasons clearly set forth in our
Decision, such employees were deemed eligible to vote in the election
unless they had "quit or been discharged for cause." Of' such em-
ployees, 36 presented themselves atthe polls on election day, admitting
that they were temporarily employed elsewhere, but affirming their
intention to return to the Company's plant when labor 'conditions
made it possible,for them to do so. Upon their verbal statements and
affidavits, the Regional Director recommended in the Election Report
that the Company's challenges to their votes be overruled and that
their votes be counted. In view of the investigation conducted by the
Regional Director in support of his Election Report, and on the basis
of the whole record in this proceeding, we find it unnecessary to
inquire further into the questions raised by the general and unsup-
ported allegations of the Company. We conclude and find that the
36 challenged voters are eligible to vote under the Decision and Direc-
tion of Election issued on April 9, 1942, and their votes are hereby
declared valid. We further conclude and find that Eva Heinz was
not eligible to vote in the election, and her ballot is hereby declared
invalid.
Since the results of the election may depend on the counting of the
36 challenged valid ballots of the eligible voters named above, we
shall direct that they be counted.
The Board has considered all other objections of the Company and
the C. I. O. and finds that they raise no substantial or material issues
with respect to the conduct of the ballot or to_the Election Report.
Such objections are hereby overruled.
DIRECTION
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, 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
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as,part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with L-U-C-E Manu-
facturing Company, Kansas City, Missouri, the Regional Director for
the Seventeenth Region (Kansas City, Missouri) shall, pursuant to
the Rules and Regulations of the Board, set forth above, and subject
to Article III, Section 9, of said Rules and Regulations, within ten
(10) days from the date of this Direction, (1) open and count the
ballots of Blanche Altman, Flora Baker, Goldie Blackman, Hazel
E. Blackman, Harry Bernhardy, Falba Bowling, Harvey M. Curran,
Jr., Helen M. DeWitt, Alton R. Flinn, Rollie R. Houts, Carl Hill,
Pauline Hobson, Wilma E. Ketner, Ellen M. Lammers, Roscoe Mus-
tain, Genevieve Mierzwa, Mary E. Miller, Caroline Beck Moehlman,
Jessie Minsch, Ola Oldham, Kenneth Pendergraff, Wanda Parrock,
Mary Pickel, Claudia Rojas, James Rhodes, Betty Reichter, Mary
Rojas, Robert Robinson, Merle Rader, John Starnes, Quincy Sousley,
Doris Shannon,, Ben Worman, Leo Ziliman, Edward Trumball, and
Mathew J. Unrein; and (2) thereafter prepare and cause to be served
on the parties in this proceeding a Supplemental Election Report,
embodying therein his findings and his recommendations as to the
results of the balloting.