A. S. Beck Shoe Corp.

In the Matter of'A . S. BECK SHOE CORPORATION and RETAIL CLERKS, LOCAL 262, AFL Case No. R-3789 - SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES Aicgust 14, 194° On June 17, 1942, the National Labor Relations Board issued its Decision and Direction of Election in the above -entitled *proceeding., Pursuant to the Direction of Election , an election by secret ballot was conducted on July 2, 1942 , under the direction ^ and supervision of the Regional Director for the Fifth Region (Baltimore, Mary- land). On July 3, 1942, the Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list______________________________________ , 33 Total ballots cast___________________________________________ 30 Total ballots challenged _____________________________________ - 5 Total blank ballots _________________________________________ 0 Total void ballots___________________________________________ 0 Total valid votes counted _____________________________ ______ 25 Votes cast for Retail Clerks, Local 262 , AFL_________________ 16 Votes cast against Retail Clerks, Local 262 , AFL______________ 9 On July 9 , 1942, A. S. Beck Shoe Corporation , herein called the Company, filed objections to' the conduct of the ballot and the Elec- tion Report upon the grounds, (1) that "no proper notice" of tha election herein was given three employees of the Company who did not work during the pay-roll period immediately preceding the Direc- tion of Election herein because they were in the active military service or training of the United States; and (2) that ,the challenged ballots of five employees should be opened and counted since these employees 141 N. L. R. B. 1043. 43 N. L. R. B., No. 25. 214 A. S. BECK SHOE CORPORATION 215 were eligible to participate in the election pursuant to the Decision and Direction of Election herein. On July 20, 1942, the Regional. Director, acting pursuant to Article III, Section 9, of said Rules and Regulations, issued and duly served upon the parties his Report on Objections to Election Report, stating in substance that the Com- pany's objections with respect to the failure to notify the'three em- ployees now in the active military service or training of the United States were without merit, and further that the five challenged ballots could not affect the results of the election. The Board has considered the Election Report, the objections thereto, and the Regional Direc- tor's Report on Objections, and finds that the objections do not raise substantial and material issues in respect to the conduct of the ballot or to the Election Report. The objections with respect to the three employees now in the'active military service or training of the United States are hereby overruled. Since the five challenged ballots cannot affect the results of the election, it is unnecessary to. make any deter- mination in connection therewith. 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, , IT IS HEREBY, CERTIFIED that Retail Clerks, Local 262, AFL, has been designated and selected by a majority of all regular, contingent, and extra salesmen, including Edward F. deWolfe, and all regular and extra salesgirls employed by A. S.. Beck Shoe Corporation at its, Washington, D. C., store, but excluding the hostess, cashier, wrapper, stock boy, and porter, and the manager and assistant manage'', as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Retail Clerks, Local 262, AFL, 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. MR. WM. M. LEISERSON took no part in the consideration of the above Supplemental Decision and Certification of Representatives.