Document 7: Petition for Investigation and Certification of Representatives, National Dollar Stores, Case XX-R-198, San Francisco, Calif., records of petition for a collective bargaining election, 26 January 1938, National Labor Relations Board, RG 25, National Archives, Archives II.

Introduction

    The following group of documents provides a blow-by-blow account of the process through which the ILGWU was certified as the official representative of workers at the National Dollar Stores factory. The case before the National Labor Relations Board (NLRB) began 24 January 1938. The petition stated, "Employer is unwilling to recognize the union without definite proof of majority." Following a certification election (described in Document 5), the NLRB certified that 74 of 124 employees chose the union as their representative. The final report noted that letters had been sent to both the "company and union setting forth results of checkoff and advising that company should bargain with union." Ultimately, the parties were unable to reach an agreement and the garment workers went out on strike a month later. The strike and its aftermath provide the focus for the remainder of this document project.

N.L.R.B.-1

Revised 7-28-37

INTER-OFFICE COMMUNICATION
NATIONAL LABOR RELATIONS BOARD

TO NATIONAL LABOR
RELATIONS BOARD
DATE January 26, 1938.
FROM Alice M. Rosseter -- 20th Region
SUBJECT XX-R-198 -- NATIONAL DOLLAR STORES

Attached is copy of petition
filed in the above matter.

A.M.R.

Att--

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

20th REGION

In the matter of--

National Dollar Stores

         and

Chinese Ladies Garment Workers

           Petitioner.

Union, Local 341 of ILGWU

CASE NO. XX R 198

PETITION FOR INVESTIGATION AND CERTIFICATION OF REPRESENTATIVES PURSUANT TO SECTION 9(c) OF THE NATIONAL LABOR RELATIONS ACT

Name of employer …………. National Dollar Stores …………….

Address ………….. 720 Washington Street, San Francisco, California …………………………………………………………

General nature of business………. Ladies' ready-to-wear garments…………

Approximate number of employees …125… Description of the bargaining unit which petitioner claims is appropriate …All factory employees, except office… employees……….

Number and classification of employees which representatives on whose behalf petition is filed claim to represent …125…

Names of any other known individuals or labor organizations who claim to represent any of the employees in such bargaining unit …None…

Any other facts which petitioner considers relevant…

The undersigned hereby alleges that a question has arisen concerning the representation of the employees in the above bargaining unit, in that:

Employer is unwilling to recognize the union without
definite proof of majority.

The undersigned further alleges that said question concerning representation is a question affecting commerce within the meaning of said act.

The undersigned requests that pursuant to section 9(c) of the National Labor Relation Act, the National Labor Relations Board investigate such controversy and certify to the parties the name or names of the representatives that have been designated or selected by said employees.

Subscribed and sworn to before me this 24th day of January, 1938

at San Francisco, Calif.

(Signed and sealed)

Anders Larsen

Field Examiner, NLRB

Name and address of employees or representatives filing the petition. (If made by a labor organization, give also the name and official position of the person acting for the organization.)

Chinese Ladies Garment Workers Union Local 341 of ILGWU 149 Mason Street, San Francisco, Calif (Signed) Jennie Matyas int. Rep., ILGWU

NATIONAL LABOR RELATIONS BOARD

20th REGION

REPORT ON ADJUSTED CASE

Case No. XX-R-198  Name of company National Dollar Stores

Name of union Chinese Ladies Garment Workers Union, Local 341, Int'l Ladies Garment Workers Union.

Date {petition charge} received 1--24--38  Date case closed 1--26--38

Sections of act involved 9(c)  Number of workers involved 125

Brief summary of allegations made in charge

Did Regional Office participate in securing agreement between the parties? Yes, by getting consent agreement to checkoff and by making checkoff of union members against payroll of company.

Was agreement reduced to writing? Yes X No

If so, attach an exact copy of agreement to this report.

If agreement is not in writing, set forth its main terms ………………………………………………………………………………………………………………

Does adjustment covered by agreement, whether written or oral, dispose of all charges?

If not, state reasons for omissions ……………….

NATIONAL LABOR RELATIONS BOARD REGIONAL OFFICE,

20th REGION

Week ending Jan. 29, 1938

CASES CLOSED

Case No. XX-R-198  Name of company National Dollar Stores

Date {petition charge} received 1--24--38 Date case closed 1--26--38

Detailed report as to action taken to close case 1--24 Petition filed, consent agreement
………….signed by all parties at conference in this office. Checkoff….
………….made by Examiner showing 74 employees out of……
………….124 had designated union as their representative.

… 1--26 Letters to company and union setting forth results of checkoff and advising that company should bargain with union as agreed upon in consent agreement signed in this office.

If intermediate report is issued or agreement entered into, main terms of report or agreement

………. See adjusted case report and agreement attached …………………………….

**copy**

AGREEMENT FOR CONSENT CHECKOFF

INTERNATIONAL LADIES' GARMENT WORKERS UNION (hereinafter called the Union) and NATIONAL DOLLAR STORES, Chinatown factory (hereinafter called the Company[)] hereby agree to be bound by the result of a consent checkoff to be conducted by the Regional Director for the Twentieth Region of the National Labor Relations Board, or her duly designated agent. The checkoff shall be conducted in the following manner: The Union will furnish the Regional Director, or her said agent, with petitions signed by employees of the Company's Chinatown factory (except office employees), designating the Union as exclusive representative for the purposes of collective bargaining with respect to wages, hours of employment and other terms and conditions of employment. All signatures to the petitions shall be warranted by the Union to be signatures of the persons purported to be so named, and when not signed by such person himself or herself, for the reason that the person cannot write, then and in any such event the mark of such person shall be deemed sufficient, provided the name of such person is written near the mark by a person who writes his or her own name as a witness. The Company will furnish the Regional Director, or her said agent, with its payroll list of employees of its Chinatown factory (except office employees) as of December 15, 1937. If it is found that a majority of said employees have signed said petitions, the Company shall recognize the Union as the exclusive representative of all of the employees of its Chinatown factory (except office employees) for the purposes of collective bargaining with respect to wages, hours of employment, and other terms and conditions of employment, and for the presentation of grievances. The Company will immediately enter into negotiations with the Union and each party will endeavor in good faith to reach and reduce to writing an agreement concerning wages, hours of employment and other terms and conditions of employment, which agreement will then be signed by each of the parties hereto.

Signed at San Francisco, California,
January 24, 1938.

INTERNATIONAL LADIES' GARMENT WORKERS UNION
BY JENNIE MATYAS (SIGNED)
NATIONAL DOLLAR STORES, Chinatown factory

NAT SCHMULOWITZ (SIGNED)

NATIONAL LABOR RELATIONS BOARD REGIONAL OFFICE,

20th REGION

Week ending January 29, 1938

NEW CASES

Case No. XX-R-198  Name of company National Dollar Stores

Address 720 Washington Street, San Francisco, Calif.

Date {petition charge} received 1--24--38  Workers involved 125

Type of business Clothing manufacturers

Name of Union Chinese Ladies Garment Workers Union, Local 341, Int'l Ladies Garment Workers Union

Section and subsection of act alleged to have been violated (if complaint case)

Issues involved Petition for cert. of rep. (stamped)

Action taken during week 1--24 Petition filed, consent agreement signed by all parties at conference in this office. Checkoff made by examiner showing 74 employees out of 124 had designated union as their representative.

1--26 Letters to company and union setting forth results of checkoff and advising that company should bargain with union as agreed upon in consent agreement signed in this office.

Present status of case

Closed as adjusted.


 
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