The Nite Kraft Corp.

National Labor Relations Board - Board Decisions

Nov 21, 1941

36 N.L.R.B. 1187 (N.L.R.B. 1941)

In the Matter of THE NITE KRAFT CORPORATION and TEXTILE WORIcERS'
PROTECTIVE ASSOCIATION OF SUNBURY, PA.
Case No. R-3207-Decided November 01, 1941 -
,Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon consent election
Mr. Jack Davis. for the Board
Mr. Julieis Pearlman, of Sunbury', Pa., for the Company.
Mr. Truman J. Purdy, of Sunbury, Pa., for the Association.
Mr. Peter J. Swoboda, of Pottsville, Pa., for the C. I. O.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TIIE CASE
On June 244941, Textile Workers' Protective Association of Sun-
bury, Pa., herein called the Association, filed with the Regional Direc-
tor for the Fourth Region (Philadelphia, Pennsylvania) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Nite Kraft Corporation, herein
called the Company, engaged in the manufacture and distribution of
men's and boys' pajamas and kindred products at and from its Sun-
bury plant at Sunbury, Pennsylvania, 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.
On October 16, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act,' and
Article III, Section, 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and au-
thorized the, Regional Director to conduct it and to provide for an
appropriate hearing-upon due notice. On October 20, 1941, the Com-
pany, the Association, and Amalgamated Clothing Workers of America,
affiliated with the C. I. 0., herein called the Amalgamated, a labor
organization claiming to represent employees directly affected by this
36 N. t R.' B., No'. 241.
1187
1188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
investigation, and the Board entered into a "STIPULATION FOR
CERTIFICATION UPON CONSENT ELECTION."
Pursuant to the Stipulation, an election was conducted on October
21, 1941, under the direction and supervision of the Regional Direc-
tor, among all hourly paid production employees., exclusive of super-
visory and clerical employees, at the Company's Sunbury plant, to
determine whether they desire to be represented by the association,
or by the Amalgamated, for the purposes of collective bargaining, or
by neither. On October 25, 1941, the Regional Director issued and
duly served upon the parties an Election Report on the ballot. No
objections to the conduct of the ballot or to the Election Report-have
been filed by any of the parties. I
As to the balloting and its results, the Regional Director reported
as follows :
Total, on eligibility list------------------------------------- 475
Total ballots cast------------------------------------------- 468
Total valid ballots cast------------------------------------- 467
Challenged ballots------------------------------------------ p
Blank ballots-----------------------------------------------
Void ballots------------------------------------------------
1
o
Ballots cast for Amalgamated Clothing Workers of America,
affiliated with the Congress of Industrial Organizations----- 6.5
Ballots cast for Textile Workers' Protective Association of
Sunbury, Pa-------------------------- ------------ 384
Ballots cast for Neither------------- ---------------- 1S
-
-
Upon the basis of the Stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre=
sentation of employees of The Nite Kraft Corporation, Sunbury,
Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All hourly paid- production employees at the Company's Sun-
bury plant, Sunbury, Pennsylvania, exclusive of supervisory and
clerical employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaningiof,Section 9, (b) of the
Act. -1- 1 1,
3. Textile Workers' Protective Association of Sunbury, ' Pa., has
-been designated and selected by a majority of the employees -in the
above unit as their- representative for the purposes of collective bar-
gaining, and is the exclusive representative of all the employees,•in-
said unit within the meaning of Section 9 (a) of the Act.
THE NITE KRAFT CORPORATION 1189
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor
Relations Act,
IT IS HEREBY CERTIFIED that Textile Workers' Protective Associa-
tion of Sunbury, Pa., has been designated and selected by a majority
.of all hourly paid production employees at the Sunbury plant of
The Nite Kraft Corporation, Sunbury, Pennsylvania, exclusive of
supervisory - and ` clerical employees , as their representative for the
purposes of collective bargaining, and that, pursuant to the provi-
sions of Section 9 (a) of the National Labor Relations Act, Textile
Workers' Protective Association of Sunbury, Pa., 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.