Hat Corp. of America

In the Matter Of HAT CORPORATION OF AMERICA and UNITED HATTERS, CAP AND MILLINERY WORKERS INTERNATIONAL UNION, A. F. OF L. Case No. R-2917.-Decided September 6, 1941 Practice and Procedure : petition dismissed where results of an election, held pursuant to a stipulation for certification upon consent election, show that no representative has been selected by a majority of the employees in the appropriate unit. Mrs. Elinore M. Herrick, for the Board. McLanahan, Merritt, Ingraham d Christy, by Mr. Henry Clifton,. of New York City, for the Company. Mr. Elias Lieberman and Mr. Marx Lewis, of New York City, for the Union. Miss Grace McEldowney, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On July 31, 1941, United Hatters, Cap and Millinery Workers' In- ternational Union, A. F. of L., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Hat Corporation of America, herein called the Company, engaged in the manufacture, sale, and distribution of hats at East Norwalk, Connecticut, and re- questing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. ' On August 11, 1941, the' National Labor Re- lations Board, herein called the Board, acting pursuant to Sec- tion 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 35 N. L. R. B., No. 49. 245, 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD notice. On August 7, 1941,1 the Company, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON CONSENT ELECTION." Pursuant to the stipulation, an election by secret ballot was con- ducted on August 13, 1941, under the direction and supervision of the Regional Director among all second-floor trimmers employed by the Company at its Plant Number 1, excluding supervisors, foremen, assistant foremen, clerical employees, floor boys (buggy luggers), inspectors (passers), timekeepers, and time-study employees, to de- termine whether or not said employees desired to be represented by United Hatters, Cap and Millinery Workers' International Union, A. F. of L. On August 16, 1941, the Regional Director issued and duly served upon the parties her Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In her Election Report, the Regional Director reported as follows concerning the balloting and its results : Total cumber eligible to vote______________________________ 153 Total number of ballots cast______________________________ 138 Total number of valid ballots_____________________________ 138 Total number of votes cast in favor of United Hatters, Cap and Millinery Workers' International Union, A. P. of L__ 69 Total number of votes cast against the aforementioned union- 69 Total number of blank votes______________________________ 0 Total number of void ballots_____________________________ 0 Total number of challenged votes-- _______________________ 0 The results of the election show that no representative leas been selected by a majority of the employees of the Company in the unit herein found appropriate. The petition of the Union for investiga- tion and certification of representatives of employees of the Company will therefore be dismissed. Upon the basis of the stipulation, the Election 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 Hat Corporation of America, East Nor- walk, Connecticut, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All second-floor trimmers employed by the Company at its Plant Number 1, excluding supervisors, foremen, assistant foremen, clerical employees, floor boys (buggy luggers), inspectors (passers), ' The stipulation is dated August 7, 1941, but the Regional Director' s Election Report, hereinafter referred to, states that it was entered into on August 1, 1941. HAT CORPORATION OF AMERICA 247 timekeepers, and time-study employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, as amended, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Hat Corporation of America, East Norwalk, Connecticut, filed by United Hatters, Cap and Millinery Workers' International Union, A. F. of L., be, and it hereby is, dismissed.