Rosedale Knitting Co.

National Labor Relations Board - Board Decisions

Jun 3, 1940

24 N.L.R.B. 295 (N.L.R.B. 1940)

In the Matter of ROSEDALE KNITTING COMPANY and ROSEDALE EM-
PLOYEES ASSOCIATION
Case No. R-1792
Election- Ordered: run-off.
SUPPLEMENTAL DECISION
AND
SECOND DIRECTION OF ELECTION
June 3, 1940
On May 6, 1940, the National Labor Relations Board, herein called
the' Board, issued a Decision and Direction in this proceeding,' direct-
ing that an election by secret ballot be conducted among certain
employees of Rosedale Knitting Company, herein called the Com-
pany, to determine whether they desired to be represented for the
purposes of collective bargaining by Rosedale Employees Associa-
tion, herein called the Association, or by American Federation of
Hosiery Workers, Branch #10, affiliated with Textile Workers Union
of America and with the Congress of Industrial Organizations,
herein called the Federation, or by neither.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on May 17, 1940, under the direction and supervision
of the Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania). On May 20, 1940, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, prepared and duly served
upon the parties an Election Report, setting forth the results of the
election.
As to the results of the balloting, the Regional Director reported
as follows : .
Total eligible to vote_____________________________________ 2,071
Total number of ballots cast______________________________ 1,974
Total number of votes cast for the American Federation of
Hosiery Workers, Branch #10__________________________ 883
123 N. L. R. B. 527.
24 N. L. R. B., No. 16.
-295.
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Total number of votes cast for the Rosedale Employees
Association -------------------------------------------- 950
Total number of votes cast for neither--------------------- 135
Total number of blank ballots---------------------------- 1
Total number of void ballots------------------------------ 2
Total number of challenged ballots------------------------ . 3
No objections to the conduct of the ballot or to the Election Report
have been filed by any of the parties. The Association, which re-
ceived a plurality in the election, has requested a run-off election
to determine whether or not the employees desire to be represented
by the Association for the purposes of collective bargaining.
The Election Report reveals that neither of the competing labor
organizations received a majority of the votes cast, but that a sub-
stantial majority of the employees voting desire to be represented by
a labor organization for the purposes of collective bargaining with
the Company. The procedure in run-off elections, under such cir-
cumstances, has been modified by the Board, for reasons separately
stated by a majority of its members, in Matter of R. K. LeBlond
Machine Tool Co., Cincinnati Electrical Tool Co. and Independent
Employees Organization,2 so that the ballot shall contain the names
of both labor organizations but no place in which to vote again for
"neither"; the organization receiving the higher number of votes to,
be certified as exclusive bargaining representative.
Accordingly, the Board will direct a run-off election in which the
employees will be given the opportunity to decide whether they de-
sire to be represented by the Association or the Federation for the
purposes of collective bargaining.
SECOND DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 determine representatives for the purposes of collective bargaining
with Rosedale Knitting Company, Laureldale, Pennsylvania, an
election shall be conducted as early as possible but not later than
thirty (30) days from the date of the Second Direction of Election,,
under the direction and supervision of the Regional Director, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
the employees described in the Direction of Election issued May 6,
2 22 N. L. R. B. 465.
ROSEDALE KNITTING COMPANY 297
1940, but excluding those who have since quit or been discharged
for cause, to determine whether they desire to be represented for the
purposes of collective bargaining by Rosedale Employees Association
or by American Federation of Hosiery Workers, Branch #10, affili-
ated with Textile Workers Union of America and with the Congress
of Industrial Organizations.
MR. WILLIAM M. LEISERSON , concurring in part and dissenting in
part :
I hold to my opinion in the R. K. LeBlond 8 case that the Board is
not authorized by the Act to order a run-off election at all, but that
since the majority does direct one, the ballot should contain only the
names of the two organizations which have been designated by em-
ployees to represent them for collective bargaining, and no place to
vote against a labor organization.
CHAIRMAN MADDEN, concurring in part and dissenting in part :
I think the Board should permit the eligible employees to vote, as
under the former run-off election procedure, for or against the Asso-
ciation, which received a plurality of the votes in the original election.
See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical
Tool Co. and Independent Employees Organization.4
8 See also my dissenting opinion In Matter of Coos Bay Lumber Company and Lumber
and Sawmill Workers Union, Local No. 2573, 16 N. L . R. B. 476.
4 22 N . L. R. B. 466.