Rosedale Knitting Co.

In the Matter of ROSEDALE KNITTING COMPANY and ROSEDALE EM- PLOYEES ASSOCIATION Case No. R-1792 Election- Ordered: run-off. SUPPLEMENTAL DECISION AND SECOND DIRECTION OF ELECTION June 3, 1940 On May 6, 1940, the National Labor Relations Board, herein called the' Board, issued a Decision and Direction in this proceeding,' direct- ing that an election by secret ballot be conducted among certain employees of Rosedale Knitting Company, herein called the Com- pany, to determine whether they desired to be represented for the purposes of collective bargaining by Rosedale Employees Associa- tion, herein called the Association, or by American Federation of Hosiery Workers, Branch #10, affiliated with Textile Workers Union of America and with the Congress of Industrial Organizations, herein called the Federation, or by neither. Pursuant to the Direction of Election, an election by secret ballot was conducted on May 17, 1940, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Penn- sylvania). On May 20, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, prepared and duly served upon the parties an Election Report, setting forth the results of the election. As to the results of the balloting, the Regional Director reported as follows : . Total eligible to vote_____________________________________ 2,071 Total number of ballots cast______________________________ 1,974 Total number of votes cast for the American Federation of Hosiery Workers, Branch #10__________________________ 883 123 N. L. R. B. 527. 24 N. L. R. B., No. 16. -295. 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total number of votes cast for the Rosedale Employees Association -------------------------------------------- 950 Total number of votes cast for neither--------------------- 135 Total number of blank ballots---------------------------- 1 Total number of void ballots------------------------------ 2 Total number of challenged ballots------------------------ . 3 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. The Association, which re- ceived a plurality in the election, has requested a run-off election to determine whether or not the employees desire to be represented by the Association for the purposes of collective bargaining. The Election Report reveals that neither of the competing labor organizations received a majority of the votes cast, but that a sub- stantial majority of the employees voting desire to be represented by a labor organization for the purposes of collective bargaining with the Company. The procedure in run-off elections, under such cir- cumstances, has been modified by the Board, for reasons separately stated by a majority of its members, in Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization,2 so that the ballot shall contain the names of both labor organizations but no place in which to vote again for "neither"; the organization receiving the higher number of votes to, be certified as exclusive bargaining representative. Accordingly, the Board will direct a run-off election in which the employees will be given the opportunity to decide whether they de- sire to be represented by the Association or the Federation for the purposes of collective bargaining. SECOND DIRECTION 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 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 DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of collective bargaining with Rosedale Knitting Company, Laureldale, Pennsylvania, an election shall be conducted as early as possible but not later than thirty (30) days from the date of the Second Direction of Election,, under the direction and supervision of the Regional Director, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees described in the Direction of Election issued May 6, 2 22 N. L. R. B. 465. ROSEDALE KNITTING COMPANY 297 1940, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by Rosedale Employees Association or by American Federation of Hosiery Workers, Branch #10, affili- ated with Textile Workers Union of America and with the Congress of Industrial Organizations. MR. WILLIAM M. LEISERSON, concurring in part and dissenting in part : I hold to my opinion in the R. K. LeBlond 8 case that the Board is not authorized by the Act to order a run-off election at all, but that since the majority does direct one, the ballot should contain only the names of the two organizations which have been designated by em- ployees to represent them for collective bargaining, and no place to vote against a labor organization. CHAIRMAN MADDEN, concurring in part and dissenting in part : I think the Board should permit the eligible employees to vote, as under the former run-off election procedure, for or against the Asso- ciation, which received a plurality of the votes in the original election. See Matter of R. K. LeBlond Machine Tool Co., Cincinnati Electrical Tool Co. and Independent Employees Organization.4 8 See also my dissenting opinion In Matter of Coos Bay Lumber Company and Lumber and Sawmill Workers Union, Local No. 2573, 16 N. L. R. B. 476. 4 22 N. L. R. B. 466.