National Dress Manufacturers' Association Inc., et al.

In the Matter of NATIONAL DRESS MANUFACTURERS' ASSOCIATION INC., ET AL. and DRESS PATTERNMAKERS UNION, LOCAL 31 OF THE INTER- NATIONAL LADIES GARMENT WORKERS' UNION In the Matter of AFFILIATED DRESS MANUFACTURERS INC., ET AL. and DRESS PATTERNMAKERS UNION, LOCAL 31 OF THE INTERNATIONAL LADIES GARMENT WORKERS' UNION Cases Nos. R-2073 and R-2074' SUPPLEMENTAL DECISION AND ORDER September 4, 1941 On December 9, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings On January 14, 1941 , the Board issued an Amendment to Decision and Direction of Elections 2 Pur- suant to the Direction of Elections , as amended, elections by secret ballot were conducted on February 11, 1941 , under the direction and supervision of the Regional Director for the Second Region (New York City). On February 15, 1941 , the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Re]a- tions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties Election Reports on the ballots. As to the balloting and its results, the Acting Regional Director reported as follows : NATIONAL ASSOCIATION Total number eligible to vote________________________________ 187 Total number of ballots cast________________________________ 85 Total number of valid ballots_______________________________ 16 Total number of votes in favor of Dress Patternmakers Union, Local 31 of the International Ladies Garment Workers Union, affiliated with the American Federation of Labor ----------- 16 Total number of votes against aforementioned Union ---------- 0 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes____________________________ 69 128 N. L. R. B. 386. 228 N. L R B 404. 35 N. L R. B., No. 37. 169 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD AFFILIATED ASSOCIATION Total number eligible to vote________________________________ 171 Total number of ballots cast ---------------------------------- 74 Total number of valid ballots________________________________ 18 Total number of votes in favor of Dress Patternmakers Union, Local 31 of International Ladies Garment Workers Union, affiliated with the American Federation of Labor___________ 17 Total number of votes against the afore-mentioned Union______ 1 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes____________________________ 56 'fn the Election Reports the Acting Regional Director stated that since the challenged ballots could effect the results of the elections, further supplemental reports would be issued containing recommen- dations as to the disposition of the challenged ballots. On February 20, 1941, National Dress Manufacturers' Association Inc., herein called the National Association, and Affiliated Dress Man- ufacturers, Inc., herein called the Affiliated, filed Objections to Elgc- tion Reports. On April 24, 1941, the Regional Director issued a Re- port on Objections and Proposed Rulings on Challenged Ballots with respect to the National Association and a similar report concerning the Affiliated. On April 28, 1941, Dress Patternmakers Union, Local 31 of the International Ladies Garment Workers' Union, herein called the union, filed Objections to Proposed Rulings on Challenged Ballots. On May 3, 1941, the National Association and the Affiliated filed Exceptions to the Report on Objections. On May 3, 1941, the Com- pany filed a motion for oral argument to be held before the Board. The motion is hereby denied. On May 9, 1941, the Union filed a memorandum in support of the Regional Director's Report on Objections. In her Report on Objections and Proposed Rulings and Challenged Ballots relating to the election involving the National Association, the Regional Director stated, The Regional Director is not at all sure that all of the employees eligible under the Board's Direction of Elections, and the amend- ment thereto, were given notice of the election since the Associa- tion failed to cooperate in submitting the names of those they believed eligible and the Regional Director is unable to assume responsibility for the completeness of the list of eligibles pre- sented by the Union. The Regional Director stated further, In the consideration of the challenged ballots, the Regional Director has been hampered in making her recommendations to the Board by the absence of a definitive standard of the duties of a pattern maker. NATIONAL DRESS MANUFACTURERS' ASSOCIATION, IN., ET AL. 171 Similar statements were contained in the Regional Director's Report relating to the election involving the Affiliated. As noted above, the Regional Director's Election Report with respect to the balloting involving the National Association shows that of 187 employees eligible to vote only 85 cast ballots, and of these 69 were challenged. Her Election Report with respect to the bal- loting involving the Affiliated shows that of the 171 employees eligible to vote only 74 cast ballots, and of these 56 were challenged. In view of the foregoing facts and on the basis of the entire record, we are of the opinion that no collective bargaining' representatives may be ascertained on the basis of the investigation conducted by the Board. We shall therefore dismiss the petitions filed by the Union. Since, however, the dismissals are based upon the incon- clusive character of the investigations, they shall be without preju- dice to the right of the Union to file new petitions should it so desire. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections-8 acid--9, of `Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY ORDERED that the petitions requesting investigations and certifications of representatives of employees of the members of National Dress Manufacturers' Association Inc. and Affiliated Dress Manufacturers Inc., filed by Dress Patternmakers Union, Local 31 of the International Ladies Garment `Yorkers' Union, be, and the same hereby are, dismissed, without prejudice.