The Richman Brothers Co.

National Labor Relations Board - Board Decisions

Jun 30, 1941

33 N.L.R.B. 89 (N.L.R.B. 1941)

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. .