Kellburn Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Feb 1, 1943

47 N.L.R.B. 217 (N.L.R.B. 1943)

In the Matter of KELLBURN MANUFACTURING COMPANY, INC. and,,
HUDSON VALLEY DISTRICT , INTERNATIONAL LADIES' GARMENT WORK-
ERS' UNION , A. F. OF L.
Case No. R-436.5
SUPPLEMENTAL DECISION
AND
- DIRECTION
Febv°uary 1,1943•
On November 2, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in this
proceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on November 19, 1942, under the direction
and supervision of the Regional Director for the, Second Region (New
York City). On December 3, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report. On December 8, 1942, the Re-
gional Director issued and duly served- upon the parties an amend-
ment to'hjs Election Report.
As to the balloting and the results the Regional Director reported as
follows :
Approximate number of eligible voters__________________________________ 131
Total Ballots cast------------------------- - --- --- -------------- ---------------- 103
Total ballots challenged________________________________________________ 40
Total void ballots---------------------------------------------------- 0
Total valid votes counted ---------------------------- ---------------------- 63
Votes cast for Hnd,^ou Valley District,, International Ladies' Garment
Workers' Union. AFL---------------------------------------------=-- 35
Votes cast against Hudson Valley District, International Ladies' Garment
Workers' Union, AFL------------------------------------------------ -28
On December 7, 1942, Hudson Valley District, International Ladies'
Garment Workers' Union, herein called the Union, filed a "Statement"
with respect to the Election Report, stating that in the event the Board
followed the recommendations in the Regional Director's December 3
Report in their entirety, it would forego filing objections. It stated,
1 45 N L R B 322
47 N L,R B, No. 21.
217
218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
however, that in the event the recommendations were not followed or
if a hearing were required by reason of objections filed by any other
party, it desired to submit evidence in support of its contentions that
the ballots of three persons 2 be declared invalid and the ballots of six
persons 3 be declared valid. 'ire have considered the "Statement" filed
by the Union as objections, as did the Regional Director, and, for the
reasons indicated below in connection with the treatment of the va-
lidity of the ballots cast by the foregoing persons, find no merit in the
objections by the Union.
On December 13, 1942, Kellburn Manufacturing Company, Inc.,
herein called the Company, filed Objections to the Regional Director's
Report and Amended Report, in v=hich the Company objected to the
conduct of the election and also excepted to certain rulings with re-
spect to challenged ballots. On January 4, 1943. the Regional Director
issued and duly served upon the parties as "Answer to Objections,"
finding no merit in the objections filed by either party and reaffirming
the recommendations made in his Election, Report, as amended. We
shall first consider the general objections of the Company concerning
the conduct of the election ; the remaining objections relate to rulings
and -recommendations on challenges, and will be considered in con-
nection with the discussion of the validity of the challenged ballots.
0
A. The conduct of the election
The Company contends that the Board agent in charge of the elec-
tion did not permit the Company's observers to challenge persons
whom they wished to challenge, and that in consequence six,ineligible
persons voted without challenge. It contends, therefore, that the bal-
lots of these persons be declared invalid.,
- Prior to the election, the Company agreed to furnish the Board agent
with a list of persons it desired to challenge.. On November 17, 1942,
IJie Company sent the agent a letter transmitting "Challenge List and
reasons for their challenge." Enclosed with the letter were five lists,
xs follows: (1) "Challenge List," listing the names of persons and the
place where each was alleged to be working; (2) "Employees at Kell-
-burn entitled to vote"; (3) "Those who left employ prior to walk-out";
(4.) "Employees working 2 weeks-oi less"; and (5) "People who left
Kellburn' employ after walk-out." On November 18, the Company,
itddressed to the Board agent another letter, stating that it desired
also to challenge four additional Iiamed persons. The Board agent
did not receive this communication prior to leaving the Regional Office
to conduct the election on November 19.
2 Betty Newkirk, Pauline Nezich, and Kenneth MacLary. The Regional Director had
- recommended that the ballots of these persons be held valid and counted See infra.
3 These persons are discussed in Section B, tinfra. The Regional Director had recommended
that their ballots be not counted.
KELLBURN -MANUFACTURING COMPANY, INC. .219
At the election the Board agent ruled that observers, whether for
the Union or for the Company, could have before them only lists of
persons they intended to challenge. The agent assumed that the only
persons the Company desired to challenge were those appearing on the
document marked "Challenge List" which he -had received from- the
Company. Since he had not received the supplemental list of four