The Rushton Co.

National Labor Relations Board - Board Decisions

Sep 12, 1942

43 N.L.R.B. 1358 (N.L.R.B. 1942)

In the Matter of W. W. RUSHTON AND MRS. MARY RUSHTON, D/B/A
THE RUSHTON COMPANY, AND/OR THE ATLANTA PLAYTHINGS COM-
PANY and FEDERAL LOCAL UNION #22809, AFFILIATED WITH THE
A. F. OF L. ,
" Case No. R-3554.-Decided ASeptemzber 1t, 19 f
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
MT. Alexander E. Wilson, Jr., and Mr . John C: MeRee, for the
Board.
Mr. R. P. McLarty and Mr. W. G. Cooper, of Atlanta, Ga., for the
Company.
Mr. James A. Glenn, of Atlanta, Ga., for Local Union •# 22809.
Mr. R. H. Brazzell, of Atlanta,. Ga., for the United.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 11, 1941, Federal Local Union #22809, affiliated with
the American Federation of Labor, herein called Local Union #22809,
filed with the Regional Director for the Tenth Region (Atlanta,
Georgia) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of W. W. Rushton
and Mrs. Mary Rushton, d/b/a The Rushton Company, and/or The
Atlanta Playthings Company, Atlanta, Georgia, Herein called the
Company, engaged in the manufacture and sale of soft stuffed toys
and dolls, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. 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, by order dated January
28, 1942, ordered, nunc pro tune, as of December 8, 1941, an investiga-
tion and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice. On December 8. 1941,
43 N. L R. B, No 211
1358
W: W. RUSHTON AND MRS. MARY RUSHTON 1359 ,
the Company, Local Union #22809, United Paper, Novelty & Toy,
Workers International Union, C. I. 0., herein called the United, a labor
organization affected by the investigation, and representatives of the
Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION." '
Pursuant to the stipulation, an election by secret ballot was con-
ducted on January 27, 1942, under the direction and supervision of
'the Regional Director, among all production and maintenance em-
ployees who were on the Company's pay roll as of November 29, 1941,
including Corinne Fleeman, Pauline Pierce, Willie Cochran, Mary
Roberts,-Sara Ponder, Elizabeth Brown, and Rush Bessant, but ex-
cluding supervisory and clerical employees, to determine whether or
not said employees desired to be represented by Local Union #22809
of by the United for the purposes of collective bargaining, or by
neither. On January 31; 1942, the United filed a motion to set aside
the election. On February 2, 1942, the Acting Regional Director
issued an Election Report, copies of which were duly served upon
the parties. On February 13, 1942, the Acting Regional Director
issued and duly served upon the parties a Report in which he set
forth the results of his investigation of the matters raised by the
motion to set aside the election and found that said motion did not
raise any material issue as to the conduct of the election.'
As to the balloting and its results, the Regional Director reported
11a's follows :
Total number eli,(IbIC --------------------------------------- 021
Total ballots cast-------------------------------------------- 290
- Total number of ballots cast for Federal Local Union. #22809,
affiliated with the American Fedeiation of Labo------------ 228
Total number of ballots cast for United Paper, Novelty -& Toy
Woikers International Union, C I O ----------------- I ------ 5(;
Total number of ballots cast for neither---------------- - 2
Total number of challenged ballots --------------------------- 4
Total number of void ballots--------------------------------- 0
Total number of blank ballots--------------------------------- 0
Upon the basis of the stipulation, the Reports , and the entire record
in the case , the Board snakes the following :
' Paragrapi 6 of the Stipulation for Ceitification Upon Consent Election piovides as
follows ,
I
That such election shall be held in confoiinity with and subject to Article 111, Section 9,
of the National Labor Relations Board Rules and Regulations-Series 2, as anmended, and
the rules, negnlations and decisions of the National Labor Relations Board pertaining to
the conduct of elections by secret ballot, piovided that the Regional Directoi shall invest,-
gate and rule finally upon any objections which may be filed to his Election Report or to
the conduct of the ballot, and shill serve such Report on Objections upon all of the patties
to this stipulation, and that all patties to•this stipulation waive any hearing upon such
Ohtectone
The Acting Regional Director's Report treated the motion to set aside the election as
objections to the,lilection ltepoi t
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
-1. A question affecting commerce has arisen concerning the repre-,
sentation of employees of W. W. Rushton and Mrs. Mary Rushton,
d/b/a The Rushton Company, and/or The Atlanta Playthings Com-
pany, Atlanta, Georgia, within the meanings of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company ex-
clusive of supervisory and clerical employees constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section. 9 (b) of the National Labor Relations Act.
3. Federal Local Union 2+22809, affiliated with the American Fed-
eration of Laor, has been designated and selected by a majority of
the employees in the above unit as their representative for the pur-
poses of collective bargaining and is the exclusive representative of
all the employees in,the said unit within the meaning of Section 9 (a)
of the At.
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 Re-
lations Act,
IT IS HEREBY CERTIFIED that Federal Local Union #22809, affiliated
with the American Federation of Labor, has been designated and
selected by a majority of all the production and maintenance em-
ployees of W. W. Rushton and Mrs. Mary Rushton, d/b/a The Rush-
ton Company, and/or The Atlanta Playthings Company, Atlanta,
Georgia, exclusive of supervisory and clerical employees, as their
representative for-the purposes of collective bargaining, and that pur-
suant to the provisions of Section 9 (a) of the Act, Federal Local
Union #22809, affiliated with the American Federation of Labor, 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.