Bamberger-Reinthal Co.

In the Matter of BAMBERGER-REINTHAL COMPANY and INTERNATIONAL LADIES' GARMENT WORKERS UNION Case No. R-t01.Decided November 22, 1938 Ladies' Knit Goods Indust7y-Investigation of Representatives : controversy concerning representation of employees : rival organizations ; delay of more than 15 months after election as a result of two additional hearings necessitated by objections and counter objections filed subsequent to such election ; petition for, dismissed since- close vote and long delay make it inadvisable to issue a certification at this time ; dismissal without prejudice to the right of either union to file immediately a new petition. Mr. Harry L. Lodish., dir. Peter Di Leone, and Mr. Max W. John- stone, for the Board. Mr. William J. Corrigan, and Mr. Gerard Pilliod, of Cleveland, Ohio, for the Union. Mr. John H. Orgill, and Mr. H. Frank Van Lill, of Cleveland, Ohio, for the Federation. Mr. Julius Schlesinger, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On August 7, 1937, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled case and two related cases. The Direction of Elections directed that an election be held among all production and maintenance workers, excepting clerical and supervisory employees, who were employed in the Cleveland, Ohio, plant of Bamberger- Reinthal Company, herein called the Company, as of the last working day in such plant before June 8, 1937, to determine whether they wished to be represented by the International Ladies' Garment Workers Union, herein called the Union, or by the American Feder- ation of Labor, herein called the Federation, for the purposes of collective bargaining.,, 13 N. L. R. B 257. 9 N. L. R. B., No. 97. 1057 1058 NATIONAL LABOR RELATIONS BOARD On August 20, 1937, the Regional Director for the Eighth Region, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, filed an Inter- mediate Report with respect to the elections held pursuant to the Direction of Elections. The Intermediate Report found the results on the election among the employees of the Company, to be as follows : Total number eligible to vote________________________________ 299 Total number of ballots cast________________________________ 293 Total number of ballots cast for Federation________________ 132 Total number of ballots cast for Union______________________ 136 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged ballots (not counted) ------------ 25 Objections to the ballot and the Intermediate Report were there- after filed by the Federation with respect to the above election. On September 3, 1937, the Board issued a Decision z in which it post- poned the making of any certification with respect to the employees of the Company until such time as a hearing could- be conducted on the objections to the ballot and the Intermediate Report which had been filed concerning the election among such employees. Pursuant to notices duly served on each of the parties, a hearing on the objections was conducted before Charles B. Bayly, the Trial Examiner duly designated by the Board, on September 24 and October 11 and 12, 1937, in Cleveland, Ohio, and testimony was taken. During the course of the hearing numerous exceptions were taken by the parties to various rulings of the Trial Examiner on motions and on objections to the admission and exclusion of evidence. It appearing to the Board after a review of the record of the second hearing that questions existed concerning the constitution of the ap- propriate unit and the employment status of certain individuals ex- cluded from voting at the election, the Board, on December 11, 1937, issued an order authorizing the Regional Director to conduct a fur- ther investigation concerning such questions and to provide a hearing in connection therewith. Pursuant to notices duly served upon the parties, a hearing was conducted before Waldo C. Holden, the Trial Examiner duly designated by the Board, on January 20, 21, and 29, 1938, and testimony was taken. During the third hearing also, ex- ceptions were taken by the parties to rulings of the Trial Examiner on motions and on objections to the admission and exclusion of evidence. As a result of the numerous challenges at the election and the objections and counter objections filed subsequent thereto, it has been necessary to conduct two hearings in this proceeding since the elec- 2 3 N. L A. B. 263. DECISIONS AND ORDERS 1059 tion took place. Considerable delay has ensued as a consequence of the additional hearings and the necessary consideration of the difficult questions of fact presented. Almost 18 months have elapsed since the eligibility date specified in the Direction of Elections and more than 15 months since the election itself took place. The Intermediate Report of the Trial Examiner with respect to the election revealed that only 4 votes separated the contending unions, with 25 challenged ballots not counted. Our examination of the evidence indicates that a final decision on the merits of this case would show a result equally close, if not actually a tie. In view of this fact and of the delay which has occurred since the commencement of the proceeding, there is a strong possibility that a certification made at this time might not accurately represent-the present wishes of the employees as to a representative for the purposes of collective bargaining. Under all of the circumstances, therefore, we believe it inadvisable to issue a certification of representatives at this time. The petition upon which this proceeding is based will be dismissed, without prejudice, however, to the right of either union to file imme- diately a new petition requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Act. In view of the dismissal of the petition, we find it unnecessary to decide the questions involved in the second and third hearings or to rule upon the exceptions which were taken to the rulings of the Trial Examiners at such hearings. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees of Bamberger-Reinthal Company, Cleveland, Ohio, filed by International Ladies' Garment Workers Union, be, and it hereby is, dismissed. DIR. DONALD WAKEFIELD SMITH took no part in the consideration of the above Decision and Order. 13406E-39-Tol. ix--6S