The Richman Brothers Co.

In the Matter of THE RICHMAN BROTHERS COMPANY and AMALGAM- ATED. CLOTHING WORKERS OF AMERICA, LOCAL No. 166 (C. I. 0.) Case No. R-0632.-Decided June 30, 1941 Investigation and Certification of Representatives : stipulation for certification upon consent pay-roll check.. Mr. Harry L. Lodish, for the Board. Mr. F. C. Leumzan, of Toledo, Ohio, for the Company. Mr. Earl Martin, of Toledo Ohio, for the Union. Mr. Joseph C. Gill, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On April 29, 1941, Almagamated Clothing Workers of America, Local No. 166 (C. I. 0.), herein called the Union, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of The Richman Brothers Com- pany, herein called the Company, engaged in the manufacture and sale of men's clothing at Cleveland, Ohio, and maintaining various stores located throughout .the country, including a store at Toledo, Ohio, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c), of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 15,, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of. National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director. to conduct it and to provide for an appropriate hearing upon due notice. On May 28, 1941, the Company, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT PAYROLL CHECK." Pursuant to the stipulation, a pay-roll check by comparison of union designations with the current pay roll of the Company as of 33 N. L. R. B., No. 18. 89 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD May 28, 1941, was made on June 4, 1941, under the supervision 'of the Regional Director, to determine the number of tailors,. includ- ing those employees classed as tailors, _bushelmen, and pressers, in the unit who designated the Union as their bargaining agency. On June 6,'1941, the Regional Director, acting pursuant to the stipula- tion, issued and duly served upon the parties his Consent Payroll Check Report. No objections to said Report have been filed by any of the parties. In his Report the Regional Director reported that the comparison of the union designations with the pay roll of the Company-showed that three out of five eligible employees authorized the Union to represent them for the purposes of collective bargaining with the Company with respect to rates of pay, wages, hours of work, and other conditions of employment. Upon the basis of the stipulation, the Consent Payroll Check Report, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Richman Brothers Company, Toledo, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All tailors in the Company's Toledo, Ohio, store, including those employees classed as tailors, bushelmen; and pressers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor, Relations Act. 3. Amalgamated Clothing Workers of America, Local No. 166 (C. I. 0.), has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive representative of all the employees in said unit within the meaning of Section 9 (a) of the National Labor Relations Act. 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 Relations Act, IT IS HEREBY CERTIFIED that Amalgamated Clothing Workers of America, Local No. 166 (C. I. 0.), _has been designated and selected by a majority of all tailors in the Company's Toledo, Ohio, store, including those employees classed as tailors, bushelmen, and pressers, THE, RICHMAN BROTHERS COMPANY 91 as their representative for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the Act, Amal- gamated Clothing Workers of America, Local No. 166 (C. I. 0.), 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. .