The New York Association of Wholesalers of Ladies' and Children's Hats, Inc., et al.

In the Matter of THE NEW YORK ASSOCIATION OF WHOLESALERS OF LADIES' AND CinILDREN's HATS, INC., ET AL. and WHOLESALE AND WAREHOUSE WORKERS UNION, LOCAL 65, CIO Case No. R-5902 (0-R-3810) SUPPLEMENTAL DECISION 'DIRECTION AND ORDER February 26, 1944 On October 25, 1913) the National Labor Relations Board issued a Decision and Direction of Elections in this proceeding,' and on No- vember 5, 1943, an Amendment to Direction of Elections. Pursuant to the Direction of Elections, separate, elections by secret ballot ,were conducted on November 24, 1943,.under the direction and supervision of the Regional Director-for the Second Region, New York City, among employees of members of The New York. Association of Whole-- of Ladies' and Children's Hats, Inc., herein called the Asso- ciation, in the respective units heretofore found to be appropriate for collective bargaining. On November 26, 1943, the Regional Director issued and duly served upon the parties an Election Report concerning the election held among' employees in the clerical unit. As to the balloting and its results, the Regional Director reported as follows : Approximate number of'eligible voters----------------------- 42 Total ballots cast------------------------------------------ 27 Total Ballots challenged------------------------------------- Total void ballots----------------'-------------------------- 0 Total valid 5,votes counted------------------------------- 25 Votes cast for Wholesale & Warehouse Workers Union, Local 65, C. I. 0--------------------J---------------------------- 6 Votes cast against participating union________________________ 19 No objections to the Election Report or to the conduct of the election have been'filed by any of the parties. Since no collective bargaining representative has been selected by a majority of the employees of members of the Association.in the unit '53N L R B.`38. 55N.L R B., No 12. 62 NEW YORK ASS' N OF WHOLESALERS OF LADIES' AND CHILDREN 'S HATS 63 heretofore found to be appropriate for clerical employees, we shall dis- miss the petition for investigation and certification of representatives, so,far as it concerns them. On January 17, 1944, the Regional Director issued and` duly served upon the parties a Report on Election and Challenges concerning the election held among employees in the sales and shipping unit. As to the balloting and its results, the Regional Director reported as follows : Approximate number of eligible ' 6mployees------------------ 163 Total ballots cast------------------------------------------- Total ballots challenged ------------------------------------- 40 Total void ballots------------------------------------------ 0 Total valid votes counted----------------------------------- 110 Votes cast for Joint Board of Millinery Workers Union, Locals 2, 24, 42 ' and 90, United Hatters, Cap & Millinery Workers International Union, A. F. of L------------------------------- 48 Votes cast for Wholesale & Warehouse Workers Union, ,, Local 65, CIO---------------------------------------------------. 62 Votes cast for neither-------------------------------------- 0 In view of the fact that the counting of the challenged ballots was essential to determine the results of the election held among the sales and shipping employees, the Regional Director investigated the va- lidity of the 40 challenged ballots and reported his findings and rec- ommendations with respect to each of them. The Regional Director reported that of the 40 ballots cast, 34 ballots had been challenged by the Board agent and 6 by the employer Asso- ciation member., The challenged ballots were those of: Gus Ullman, Hyman Goldstein, Louis V. Rogers, Abe Pincus, Lew Skolsky, George Harris, Sol Benjamin, Alfred Pittel, Charles Littman, Benjamin Lit- tenberg,, Julius Turoff, Murray Picker, Murray Pear, Leonard Terr, Alfred Neger, Mortimer Segal, Harry Mendel, Joseph Mendel, Ed- ward J. Maher, Thomas Romanelli, Herbert M. Goldstein, Alfred Palmer, Almona Butler, Louis Greenfield, Charles Jones, Americo Dantoni, Louis Helicher, David McCall, Jerry Kurtz, Peter J. Pe- luso, Walter Seidenstein, James Rodgers, Victor Cornelius, David F. Copland, Arnold Rich, Philip Balaban, Jacob Burris, Joe Isaac- son, Thomas Lagatola, and Ann Zirinsky. The Regional Director further reported that there was merit in the challenges to the ballots of Abe'Pincus, Leonard Terr, Louis V. Rogers, Gus Ullman, Hyman_ Goldstein, Sol Benj annin, and Louis Greenfield, respectively, and recommended that their ballots be considered invalid and not counted. The Regional Director further reported that there was no merit in the'remaihing 33 challenges. None of the parties has filed objections to the tally of the ballots or to the conduct of the election, or exceptions to the Regional Director's findings and recommendations with respect to the challenges. 64 DECISIONS ' OF NATIOkAI. - t ABOR REL'ATIOIV S BOARD i^ ` For-the reasons indic&ted by-the Regional Director in-his•,Report on Election • and Challenges, -we conclu;de` and find ' that Abe Pincus; Leonard Terr, Louis V. Rogers, Gus Ullman', -Hyman Goldstein, Sol I3enjamin5'and Louis Greenfield, respectively, were not eligible to'vote ini the election, `-and their' ballots' are, hereby declared invalid. We further find that'Lew Skolsky,-,George Harris, Alfred Pitttel; Charles Littman-Benjamin Littenberg; Julius Turoff, Murray Picker, Mur- ray Pear, Alfred Neger, Mortimer Segal, Harry Mendel, Joseph Men= del, Edward J. Maher, Thomas Romanelli, Herbert M. Goldstein, Al- fred Palmer, Almona Butler, Charles Jones, Americo Dantoni, Louis- ' Helicher, David McCall, Jerry Kurtz, Peter J. Peluso, -Walter Seiden- stein, `James Rodgers, Victor Cornelius, David F: Copland, Arnold Rich, Philip Balaban; Jacob-Burris, Joe Isaacson, Thonias,Lagatola, and Ann -Zirinsky were eligible to vote in the election, and their ballots' are hereby declared valid. Since the results of, the 'election may depend upon the counting of the' 33 challenged ballots of eligi- ble voters names above, we shall direct that they be counted. DIRECTION 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, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain,representa= tives for'the purposes of collective bargaining with The New, York Association of Wholesalers of Ladies' and Children's Hats, Inc., New. York City, the Regional Director for the Second Region shall, pur- suant to the Rules and Regulations of the Board set -forth, above, and subject to Article III, Sections 10 and'11,,of such Rules and Regula- tions, within ten (10) days from the date of this Direction (1) open and count the ballots of Lew Skolsky, George Harris, Alfred Pittel, Charles Littman, Benjamin •Littenberg, Julius Turoff, -Murray Picker, Murray Pear, Alfred Neger, Mortimer Segal, Harry Mendel, Joseph Mendel, Edward J. Maher, Thomas Romanelli, Herbert M, ;Goldstein, Alfred Palmer, Almona Butler, Charles Jones, Americo• Dantoni, Louis Helicher, David McCall; Jerry Kurtz, Peter J. Peluso, Walter Seidenstein, James Rodgers, Victor Cornelius, David F. Cop- land, Arnold Rich; Philip Balaban, Jacob Burris, Joe Isaacson, Thomas Lagatola, and Ann Zirinsky, and (2) thereafter prepare and cause to be served upon the, parties in this proceeding a Supplemental Election- Report,-embodying therein his findings and recommendations as to the results of the balloting. NEW YORK ASS' N OF WHOLESALERS OF LADIES' AND CHILDREN'S HATS 655 ORDER 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, and pursuant to Article III, Sections .9 and 10, of National Labor Relations-Board 'Rules and' Regulations-Series 3. IT IS HEREBY ORDERED that the petition for ilivestigation and certifi- cation of-representatives of employees of members of The New York Association of Wholesalers of Ladies' and Children's Hats, Inc., New York.City,; filed•by_Wholesale &',Warehouse-Workers Union, Local-65, CIO, 'be, and it hereby is, dismissed so far as it concerns clerical employees. 578129-44 --vol. 55-6