W. Lowenthal Co., Incorporated

National Labor Relations Board - Board Decisions

Dec 2, 1938

10 N.L.R.B. 82 (N.L.R.B. 1938)

In the Matter of W. LOWENTHAL CO., INCORPORATED and COHOES KNIT
GooDS WORKERS UNION No. 21514, A. F. OF L.
Case No. R-1015
AMENDMENT TO DIRECTION OF ELECTION
December 0, 1938
On November 23, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled matter, the election to be held within fifteen (15)
days from the date of the Direction, under the supervision and di-
rection of the Regional Director for the Second Region (New York
City).
The Board, having been advised that Textile Workers Organizing
Committee, Local No. 88, does not desire its name to appear upon
the ballot, hereby amends the Direction of Election issued on Novem-
ber 23, 1938, by striking therefrom the words "to determine whether
they desire to be represented by Cohoes Knit Goods Workers Union,
No. 21514, affiliated with the American Federation of Labor, or by
Textile Workers Organizing Committee, Local No. 88, affiliated with
the Committee for Industrial Organization, for the purposes of col-
lective bargaining, or by neither" and substituting therefor the
words "to determine whether or not they desire to be represented
by Cohoes Knit Goods Workers Union, No. 21514, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining."
10 N. L. R. B., No. 7.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
December 30, 1938
On November 23, 1938, the ;National Labor Relations Board,
herein called the Board, issued a Decision and Direction of Elec-
tion in the above-entitled case. On December 2, 1938, the Board
issued an Amendment to Direction of Election. The Direction of
Election, as amended, directed that ah election by secret ballot be
conducted within fifteen (15) days from the date of the Direction,
among all the employees whose names appear on the pay roll of
19 N L R . B. 1173
82
DECISION'S AND ORDERS 83
W. Lowenthal Co., Incorporated, Cohoes, New York, of June 25,
1938, excluding clerical employees, watchmen, sorters, millwrights,
salesmen, and supervisory employees, and all those employees who
had since quit or been discharged for cause, to determine whether
or not they desire to be represented by Cohoes Knit Goods Workers
Union, No. 21514, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
Pursuant to the Direction as amended, an election by secret ballot
wa' conducted under the direction and supervision of the Regional
Director for the Second Region. Full opportunity was afforded all
parties to this investigation to participate in the conduct of the
secret ballot and to make challenges. On December 10, 1938, said
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations- Series 1,
as amended, issued and duly served upon the parties an Intermediate
Report on the election. No objections or exceptions to the Inter-
mediate Report were filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote-------------------------------- 72
Total number of ballots cast-------------------------------- 61
Total number of ballots counted------------------------------ 59
Total number of votes in favor of Cohoes Knit Goods Workers
Union No. 21514, A. F. of L------------------------------ 58
Total number of votes against afore-mentioned union -------- 1
Total number of blank votes------------------------------- 0
Total number of void ballots------------------------------ 0
Total number of challenged votes--------------------------- 2
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 1, as amended,
IT IS HEREBY CERTIFIED that Cohoes Knit Goods Workers Union,
No. 21514, affiliated with the American Federation of Labor, has
been designated and selected by a' majority of the employees of
W. Lowenthal Co., Incorporated, Cohoes, New York, excluding
clerical employees, watchmen, sorters, millwrights, salesmen, and
supervisory employees, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, Cohoes Knit Goods Workers Union, No. 21514,
affiliated with the American Federation of Labor, is the exclusive
representative of all such employees for the purposes of collective
-bargaining in respect to wages, rates of pay, hours of work, and
other conditions of employment.
10 N. L. It B., No. 7a.