Solomon Manufacturing Co.

National Labor Relations Board - Board DecisionsNov 5, 1937

4 N.L.R.B. 36 (N.L.R.B. 1937)

In the Matter of SOLOMON MANUFACTURING COMPANY and INDEPEND- ENT COTTON WORKERS' UNION Case No. R-267 AMENDMENT TO DIRECTION OF ELECTION November 5, 1937 On October 27, 1937, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case. ' On November 3, 1937, the International Ladies' Garment Workers' Union, the intervenor in this proceeding, requested the Board to withdraw its name from the ballot in the election which the Board ordered in said Decision and Direction of Election. After due consideration of this request, the Board hereby DIRECTS that the Direction of Election in the above-entitled mat- ter, dated October 27, 1937, be amended by striking out the words, "to determine whether they desire to be represented by Independent Cotton Workers' Union or by International Ladies' Garment Work- ers' Union, Locals 181 and 182, for the purposes of collective bargain- ing, or by neither", which appear in the last sentence of the last paragraph of said Direction of Election, and by inserting in lieu thereof the words, "to determine whether or not they desire to be represented by Independent Cotton Workers' Union for the purposes of collective bargaining". [SAME TITLE] SECOND AMENDMENT TO DIRECTION OF ELECTION November 12, 1937 On October 27, 1937, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above entitled case, the election to be held within ten days from the date of Direction, under the direction and supervision of the Acting Regional Director for the Fourteenth Region (St. Louis, Missouri). On November 5, 1937, the Board issued an Amendment to the Direc- t ion of Election, withdrawing the name of the International Ladies' ' 3 N L R B 926 36 DECISIONS AND ORDERS 37 Garment Workers' Union from the ballot. The Board, having been advised by the Acting Regional Director for the Fourteenth Region that a longer period within which to hold the election is necessary, hereby amends the Direction of Election issued on October 27, 1937, by striking therefrom, wherever they occur, the words, "within ten days from the date of this Direction of Election," and substituting therefor the words, "within twenty days from the date of this Direc- tion of Election ". [SAME TITLE] CERTIFICATION OF REPRESENTATIVES November 26, 1937 On May 18, 1937, Independent Cotton Workers' Union, herein called the Independent Union, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri), a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Solomon Manufacturing Company, St. Louis, Missouri, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Pursuant to notice duly served upon the Company, upon the Inde- pendent Union, and upon International Ladies' Garment Workers' Union, herein called the I. L. G. W. U., which had been named in the petition as purporting to represent the Company's employees, a hearing was held at St. Louis, Missouri, on September 2, 1937, before Alvin J. Rockwell, the Trial Examiner duly designated by the Na- tional Labor Relations Board, herein called the Board. On October 27, 1937, the Board issued a Decision and Direction of Election. The Direction of Election provided that an election by secret ballot be held among all the production employees employed by the Company during the week ending March 20, 1937, exclusive of office and super- visory employees and order-fillers, to determine whether they wished to be represented by Independent Cotton Workers' Union or Inter- national Ladies' Garment Workers' Union, for the purposes of col- lective bargaining, or by neither. On November 5, 1937, the Board issued an Amendment to Direction of Election, withdrawing the name of the International Ladies' Garment Workers' Union from the ballot. A second Amendment to Direction of Election, authorizing the Acting Regional Director for the Fourteenth Region to conduct the election within twenty days from the date of the Direction of Election, was issued by the Board on November 12, 1937. Pursuant to the Direction, and the amendments thereto, balloting was conducted on November 12, 1937. Full opportunity was accorded 38 NATIONAL LABOR RELATIONS BOARD to all of the parties to this investigation to participate in the conduct of the secret ballot and to make challenges. The Acting Regional Director, acting pursuant to Article III, Section 9 of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, issued and duly served upon the parties to the proceeding his Intermediate Report on the ballot. No excep- tions to the Intermediate Report. have been filed by any of the parties. As to the results of the secret ballot, the Acting Regional Director reported as follows : Total number of ballots cast_________________________________ 53 Total number of ballots voted "Yes", that, is designating Inde- pendent Cotton Workers' Union____________________________ 48 Total number of ballots voted "No"-------------------------- 5 Total number of ballots challenged_____________________--------------------------- 0 Total number of ballots void_________________________________ 0 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 and pursuant to Article III, Section 8 of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Independent Cotton Workers' Union has been selected by a majority of all the production employees em- ployed by Solomon Manufacturing Company, St. Louis, Missouri, during the week ending March 20, 1937, exclusive of office and super- visory employees and order-fillers, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Independent Cotton Work- ers' Union is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.