Federal Fibre Mills

In the Matter of Louis F. KLIPSTEIN AND JOHN U. BARR, A LOUISIANA PARTNERSHIP, DOING BUSINESS AS FEDERAL FIBRE MILLS and TExTILE WORKERS ORGANIZING COMMITTEE Case No. R-1408 SUPPLEMENTAL DECISION AND ORDER October 17, 1939 On September 13, 1939, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceed- ing.' The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction among the production employees of John U. Barr, doing business as Federal Fibre Mills,2 New Orleans, Louisiana, including the elevator man, the tester, the sweepers, shipping-department em- ployees, and the wasteworker, but excluding supervisory, office and clerical employees, machine-shop employees, oilers and watchmen, whose names appear on the pay roll of the Company immediately preceding the date of the Direction, and further, including employees within the above-described unit who did not work during such pay- roll period because they were ill or on vacation or leave of absence, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, to determine whether or not they desired to be represented by Textile Workers Organizing Committee, affiliated with the Congress of In- dustrial Organizations, for the purposes of collective bargaining. On September 25, 1939, a stipulation was entered into between the attorneys for the Company and the representative of Textile Workers 115 N. L. R. B. 256. 2 Louis F. Klipstein , whose name appears in the caption as one of the persons conducting the Company business, died on August 4, 1939, while the case was pending before the Board for decision ; John U. Barr, individually , has continued to conduct the Company business under the same firm name. The Board 's decision ordered the filing instanter of a stipula- tion embodying these facts , which was entered into between the parties on August 21, 1939, and directed an election among the employees of John U. Barr, doing business as Federal Fibre Mills. 16 N. L. R. B., No. 5. 24 LOUIS F. KLIPSTEIN 25' Union of America, which, by its terms, was made a part of the record herein, and in which the parties recited that in May 1939, the name of the Textile Workers-Organizing Committee was changed to Tex- tile Workers Union of America, affiliated with the Congress of Indus- trial Organizations, but agreed that the ballot to be used in the election herein should carry the name Textile Workers Organizing Committee and not Textile Workers Union of America, and further agreed that all ballots which might be cast for Textile Workers Organizing Committee in said election should be considered as having been cast for Textile Workers Union of America, and that the name Textile Workers Union of America should be substituted for the name Textile Workers Organizing Committee in the official record of this proceeding. The Board hereby orders the filing instanter of said stipulation. Pursuant to the Direction of Election, an election by secret ballot was conducted on September 28, 1939, at New Orleans, Louisiana, under the direction and supervision of the Regional Director for the Fifteenth Region (New Orleans, Louisiana). On September 30, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued an Election Report, copies of which were duly served upon the parties. No objections or exceptions to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote-------------------------------- 73 Total number of votes cast---------------------------------- 71 Total number of votes cast for Textile Workers Organizing Committee, affiliated with the Congress of Industrial Organizations--------------------------------------------- 29 Total number of votes cast against Textile Workers Organiz- ing Committee, affiliated with the Congress of Industrial Organizations -------------------------------------------- 40 Total number of challenged .ballots--------------------------- 2 Total number of blank ballots------------------------------- 0 Total number of void ballots-------------------------------- 0 Total number of spoiled ballots------------------------------ 0 The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees. The petition for investigation and certification of representatives of em- ployees of John U. Barr, doing business as Federal Fibre Mills,3 New Orleans, Louisiana, will therefore be dismissed. See footnote 2, supra. 26' DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Board Rules and Regulations-Series 2, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of John U. Barr, doing busi- ness as Federal Fibre Mills,4 New Orleans, Louisiana, filed by Textile Workers Organizing Committee, be, and it hereby is, dismissed. 4 See footnote 2, supra.