Lilly Dache, Inc.

National Labor Relations Board - Board Decisions

Sep 20, 1941

35 N.L.R.B. 601 (N.L.R.B. 1941)

In the Matter of LILLY DACHE, INC. and JOINT BOARD OF MILLINERY
WORKERS, LOCAL 24, 42, AND 90
Case No. R-20597
SUPPLEMENTAL DECISION
AND
DIRECTION
September 20, 1941
On July 3, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election' in
this proceeding . Pursuant to the Direction of Election , an election
by secret ballot was conducted on July 22, 19 .11, under the direction
and supervision of the Regional Director for the Second Region
(New York City). On August 12, 1941, the Regional Director, act-
ing pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended , issued
and duly served upon the parties her Election Report.
As to the balloting and its results the Regional Director reported
as follows :
Total Number Allegedly Eligible to Vote____________________ 123
Total Number of Ballots Cast______________________________ 118
Total Number of Valid Ballots_____________________________ 104
Total Number of Votes in favor of Millinery Workers
Union, affiliated with the American Federation of Labor__ 54
Total Number of Votes against afore -mentioned union----- 50
Total Number of Blank Votes _____________________________ 0
Total Number of Void Ballots_____________________________ 0
Total Number of Challenged Votes__ _______________________ 14
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 14 challenged ballots and
reported her findings and recommendations with respect to each of
them.
The Regional Director reported that of the 14 ballots cast, 6 ballots
had been challenged by Lilly Dache , Inc., New York City, herein called
the Company , and 8 by Joint Board of Millinery Workers , Locals 24,
133 N. L. R. B. 121.
35 N. L. R. B., No. 135.
601
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
42, and 90, herein called the Union.2 The challenged ballots were
those of Alice Karakastian, Suzan Millet Niederberger, Georgia
Cushing, Anne Vizner, Dorothy Fritz, Greta Charlin, Tillie Knight
Kaerlan (Kaderlau), Stephani Karashyn, Elizabeth Kerr, Irene
Smith, Olga Winausky, Edward Temple, Rachel Kaslovsky, and
,Louise Belloci. The Regional Director further reported that there
was merit in the challenges of the Union and the Company to the
ballots of Alice Karakastian and Irene Smith, respectively, and recom-
mended that such ballots be considered invalid and not counted. The
Regional Director further reported that there was no merit in the
remaining 12 challenges and recommended that such ballots be con-
sidered valid and counted.
On August 15, 1941, the Company filed its objections to the Election
Report and requested permission for oral argument before the Board
at Washington, D. C. In its objections the Company alleged inter
ulia (1) that Elizabeth Kerr was a crochet girl and not in an
eligible category; 3 (2) that Olga Winausky was a dressmaker's
helper, temporarily employed during a cessation of work on Madam
Dache's personal wardrobe, and not a regular employee in an eligible
category; (3) that Edward Temple was primarily a maintenance
employee and not in an eligible category; and (4) and (5) that
Louise Belloci and Rachel Kaslovsky had severed their connections
with the Company in December 1940 and February 1941, respectively,
and were not employees at the time of the election. The Company
further objected to the finding of the Regional Director that Alice
Karakastian was not an employee of the Company at the time of the
election and to the recommendation that her ballot, be considered
invalid.
On August 18, 1941, the Union filed its objections to the Election
Report. The Union in its objections alleged (1) and (2) that
Dorothy Fritz and Tillie Knight Kaerlan (Kaderlau) had severed
their connections with the Company in December 1940 and March
1941, respectively, and were not employees at the time of the election;
(3) that Anne Vizner was a showroom and clerical employee and not
within an eligible category; (4) that Greta Charlin had left the
'At the request of the Union , the Board directed that its name should appear on the
ballot as Millinery Workers Union , affiliated with the American Federation of Labor.
8 In its Direction of Election , cited in footnote 1 above , the Board provided that the
following persons should be eligible to vote
Copyists , head copyists , milliners , improvers , table runners , feather trimmers , block-
ers, block makers, stitchers, and employees in the shipping department of the Company,
who were employed during the pay-roll period ending March 8, 1941, including em-
ployees who did not work during that pay-roll period because they were ill or on
vacation or in the active military service or training of the United States, or temporar-
ily laid off , but excluding executives and supervisory employees , sales and showroom
employees , office, clerical, and maintenance employees , designers , workroom feeders,
shoppers , stockroom employees , employees in the bag department, and employees who
have since quit or been discharged for cause.
0
DILLY DACHEI, INC. 603
employ of the Company in November 1940 on account of serious
illness and was not employed for any appreciable time thereafter.
The Union further objected to the finding of the Regional Director
that Irene Smith was not an employee of the Company at the time of
the election and to the recommendation that her ballot be considered
invalid.
On September 3, 1941, the Regional Director issued her Report on
Objections, copies of which were duly served upon the parties. The
Regional Director reported therein that the Company denied ever
granting Irene Smith a vacation and found that Irene Smith and
her husband were living with the latter's mother in Seattle, Washing-
ton, where the husband was permanently employed. The Regional
Director affirmed her previous rulings with respect to the 14 chal-
lenged ballots. '
Among its objections to the Election Report, the Company alleged
that coercion, intimidation, and interference on the part of the Union
prevented its employees from exercising a free and untrammeled
choice of a bargaining agent. In her Report on Objections the
Regional Director recommended, that this objection be disregarded
in view of the substantial number of votes cast.
For the reasons indicated by the Regional Director in her Election
Report and her Report on Objections, we conclude and find that Alice
Karakastian and Irene Smith were not eligible to vote in the election,
and their ballots are hereby declared invalid. We further find that
Suzan Millet Niederberger, Georgia Cushing, Anne Vizner, Dorothy
Fritz, Greta Charlin, Tillie Knight Kaerlan (Kade'rlau), Stephani
Karashyn, Elizabeth Kerr, Edward Temple, and Rachel Kaslovsky
were eligible to vote in the election, and their ballots are hereby
declared valid. Since the results of the election may depend on the
counting of the 10 challenged ballots of eligible voters named above,
we shall direct that they be counted. We shall direct that the Re-
gional Director further investigate the eligibility of Olga Winausky
and Louise Belloci and report her findings and recommendations in
regard thereto, if material to the result of the election after the count
of the ten valid ballots herein directed.
The Board has considered all other objections of the Union and
the Company and finds that they raise no substantial or material
issues with respect to the conduct of the ballot or the Election Report.
Such objections are hereby overruled. The Company's request for
oral argument is hereby denied.
DIRECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Lilly Dache, Inc., New York City, the Regional Director for
the Second Region (New York City) 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
Suzan Millet Niederberger, Georgia Cushing, Anne Vizner, Dorothy
Fritz, Greta Charlin, Tillie Knight Kaerlan (Kaderlau), Stephani
Karashyn, Elizabeth Kerr, Edward Temple, and Rachel Kaslovsky;
(2) conduct further investigation with respect to the eligibility of
Olga Winausky and Louise Belloci; and (3) thereafter prepare and
cause to be served upon the parties in this proceeding a Supplemental
Election Report, embodying therein her findings and her recommenda-
tions as to the results of the balloting and if the latter is material to
the result of the election after the count herein directed, also as to
the eligibility of Olga Winausky and Louise Belloci.