National Dress Manufacturers' Association Inc., et al.

National Labor Relations Board - Board Decisions

Sep 4, 1941

35 N.L.R.B. 169 (N.L.R.B. 1941)

In the Matter of NATIONAL DRESS MANUFACTURERS' ASSOCIATION INC.,
ET AL. and DRESS PATTERNMAKERS UNION, LOCAL 31 OF THE INTER-
NATIONAL LADIES GARMENT WORKERS' UNION
In the Matter of AFFILIATED DRESS MANUFACTURERS INC., ET AL. and
DRESS PATTERNMAKERS UNION, LOCAL 31 OF THE INTERNATIONAL
LADIES GARMENT WORKERS' UNION
Cases Nos. R-2073 and R-2074'
SUPPLEMENTAL DECISION
AND
ORDER
September 4, 1941
On December 9, 1940, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Elections in
the above-entitled proceedings On January 14, 1941 , the Board
issued an Amendment to Decision and Direction of Elections 2 Pur-
suant to the Direction of Elections , as amended , elections by secret
ballot were conducted on February 11, 1941 , under the direction and
supervision of the Regional Director for the Second Region (New
York City). On February 15, 1941 , the Acting Regional Director,
acting pursuant to Article III, Section 9, of National Labor Re]a-
tions Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties Election Reports on the ballots.
As to the balloting and its results, the Acting Regional Director
reported as follows :
NATIONAL ASSOCIATION
Total number eligible to vote________________________________ 187
Total number of ballots cast________________________________ 85
Total number of valid ballots_______________________________ 16
Total number of votes in favor of Dress Patternmakers Union,
Local 31 of the International Ladies Garment Workers Union,
affiliated with the American Federation of Labor ----------- 16
Total number of votes against aforementioned Union ---------- 0
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________________________ 69
128 N. L. R. B. 386.
228 N. L R B 404.
35 N. L R. B., No. 37.
169
170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
AFFILIATED ASSOCIATION
Total number eligible to vote________________________________ 171
Total number of ballots cast ---------------------------------- 74
Total number of valid ballots________________________________ 18
Total number of votes in favor of Dress Patternmakers Union,
Local 31 of International Ladies Garment Workers Union,
affiliated with the American Federation of Labor___________ 17
Total number of votes against the afore-mentioned Union______ 1
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________________________ 56
'fn the Election Reports the Acting Regional Director stated that
since the challenged ballots could effect the results of the elections,
further supplemental reports would be issued containing recommen-
dations as to the disposition of the challenged ballots.
On February 20, 1941, National Dress Manufacturers' Association
Inc., herein called the National Association, and Affiliated Dress Man-
ufacturers, Inc., herein called the Affiliated, filed Objections to Elgc-
tion Reports. On April 24, 1941, the Regional Director issued a Re-
port on Objections and Proposed Rulings on Challenged Ballots with
respect to the National Association and a similar report concerning the
Affiliated. On April 28, 1941, Dress Patternmakers Union, Local 31
of the International Ladies Garment Workers' Union, herein called the
union, filed Objections to Proposed Rulings on Challenged Ballots.
On May 3, 1941, the National Association and the Affiliated filed
Exceptions to the Report on Objections. On May 3, 1941, the Com-
pany filed a motion for oral argument to be held before the Board.
The motion is hereby denied. On May 9, 1941, the Union filed a
memorandum in support of the Regional Director's Report on
Objections.
In her Report on Objections and Proposed Rulings and Challenged
Ballots relating to the election involving the National Association,
the Regional Director stated,
The Regional Director is not at all sure that all of the employees
eligible under the Board's Direction of Elections, and the amend-
ment thereto, were given notice of the election since the Associa-
tion failed to cooperate in submitting the names of those they
believed eligible and the Regional Director is unable to assume
responsibility for the completeness of the list of eligibles pre-
sented by the Union.
The Regional Director stated further,
In the consideration of the challenged ballots, the Regional
Director has been hampered in making her recommendations to
the Board by the absence of a definitive standard of the duties
of a pattern maker.
NATIONAL DRESS MANUFACTURERS' ASSOCIATION, IN., ET AL. 171
Similar statements were contained in the Regional Director's Report
relating to the election involving the Affiliated.
As noted above, the Regional Director's Election Report with
respect to the balloting involving the National Association shows
that of 187 employees eligible to vote only 85 cast ballots, and of these
69 were challenged. Her Election Report with respect to the bal-
loting involving the Affiliated shows that of the 171 employees
eligible to vote only 74 cast ballots, and of these 56 were challenged.
In view of the foregoing facts and on the basis of the entire record,
we are of the opinion that no collective bargaining' representatives
may be ascertained on the basis of the investigation conducted by
the Board. We shall therefore dismiss the petitions filed by the
Union. Since, however, the dismissals are based upon the incon-
clusive character of the investigations, they shall be without preju-
dice to the right of the Union to file new petitions should it so
desire.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections-8 acid--9, of `Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT Is HEREBY ORDERED that the petitions requesting investigations
and certifications of representatives of employees of the members of
National Dress Manufacturers' Association Inc. and Affiliated Dress
Manufacturers Inc., filed by Dress Patternmakers Union, Local 31
of the International Ladies Garment `Yorkers' Union, be, and the
same hereby are, dismissed, without prejudice.