Clarksville Manufacturing Co.

In the Matter of 'CLARKSVILLE MANUFACTURING COMPANY and AMAL- GAMATED CLOTHING WORKERS OF AMERICA (C. I. 0.) Case No. 10-R-987 SUPPLEMENTAL DECISION SECOND DIRECTION OF ELECTION AND ORDER July 21, 1944 On November 9, ,19431 pursuant to the Decision and.Direction of Election issued, by the,•Board herein, on October 20, 1943,1 an election by secret ballot'was conducted under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). Thereafter, on November 10, 1943, in accordance with the Rules and Regulations of the Board,2 a Report on Qrdered Election' was issued and served upon the parties. The report shows that of the approx- imately 275 eligible voters, 249 cast valid ballots, of which 72 were for Amalgamated Clothing Workers of America, C. • I. 0., herein called the Amalgamated;'5 were for United Garment Workers•of America, A. F. of I.: herein called-,the United;'and 172 were 'against said unions. Ten ballots' were challenged. On November 43, 1943,'the Amalgamated filed Objections to said Election. Report and' to any determination of representatives based upon the results thereof. 'On December 30,'1943, following an Inves- tigation,' the Regional Director issued, a Report on Objections to,the election, in which he found that the Objections raised material and substantial issues. No exceptions were filed to the said Report. On February 12, 1944, the Board having, duly considered the. matter and ,determined that the Objections raised substantial and material issues with respect to the election, issued an Order directing that the case be consolidated with Case No. 10-C-1373,3 and that a hearing be heldon the•consolidated case., Said hearing,^vas held,upon due notice 1-_52 N. L. R. 13" 15M- Series 2, as amended $ An unfair labor practice proceeding against the Company, initiated by charges filed by the Amalganiated•with the • Regional Director 'on February 10, 1944. 57 N: I^. R:.B., IQo.'100. ' - ^ ^, _ ; ,• . , , 557 , r 558 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD at Clarksville, Tennessee, on February 28, 29, and March 1,1944, before Charles E.. Persons, Trial Examiner. The Board, the Company, and the" Amalgamated appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and. to file briefs with the Board.' The Trial Examiner, on April 8,19445 issued his Intermediate Report in Case No. 10-C-1373 in which he found-that the Company, had interfered with, restrained, and coerced its employees in the exer- cise of rights guaranteed in Section'-7 of the National Labor Relations Act and recommended that the Company 'post 'a notice advising the employees of their rights. The Company has complied with the recommendations of the Trial Examiner. ,On -July 12, 1944, all parties entered into a' stipulation, whereby they agreed that the Board may set-aside the election held in this matter on November 9, 1943, and order a new election without other or further proceedings, which the parties expressly waived. The Board approves,' the stipulation of the parties, and in accordance therewith'will set aside the election and. direct that a new election be held among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of this Supplemental' Decision, subject to the limitations and additions set forth in the Direction hereili. Case No. 1OLCL1373' and the instant case will be severed. ORDER ' The National Labor Relations Board hereby, orders that Case' No. 10-R-987 and Case • No. 10-C-1373, be, and they hereby. , are severed: In accordance with the stipulation of the parties, the National Labor Relations Board hereby vacates and sets aside•the election held in this proceeding on November 9, 1943, and the result thereof: SECOND DIRECT1ON OF ELECTION 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 9, of the National Labor Relations Board Rules and Regulations-Series 3; it is hereby DIRECTED that, as part of the investigation to 'ascertain represent- atives for the purposes'of collective bargainiiig,With Clarksville Man- ufacturing Company, Clarksville, Tennessee,' an' election by-secret ballot shall be conducted as early as possible', but not later than thirty* (30) days from the date of this Second Direction, under the'direetion and supervision of the Regional Director for the Tenth''Region, acting in this matter as agent' for the National Labor Relations Board, and subject to Article III, Sections 10, and 11, of said, rules and, Regula- _ CLARKSVILLE MANUFACTURING COMPANY 559 tions among the employees in the unit found appropriate in the Board's Decision of October 20, 1943, who were employed during the pay-roll period immediately preceding the date of this Second Direction, in- eluding employees who did' not work during said pay-roll period - because they were ill'or on vacation or temporarily laid off, _and in- cluding employees in^ the armed'forces of the ,United States; who pre- sent-themselves in person at the polls; but excluding those employees who have since quit or have been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Amalgamated Clothing Workers of America; affiliated with the Congress of Industrial Organ- izations, or by United Garment Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. MR. GEIiARD D. REnLr.Y took no part-in the consideration of the above Supplemental Decision, Second Direction -of Election and Order. 4 -1 4 . j