Federal Fibre Mills

National Labor Relations Board - Board Decisions

Oct 17, 1939

16 N.L.R.B. 24 (N.L.R.B. 1939)

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.