Choice of Union Labor Case Factor
NLRB Told Independent Unit Selected to Represent J. Wiss & Sons Co. Workers

The Newark Evening News, March 24, 1938

1938-03-24 Choice of Union Labor 1
1938-03-24 Choice of Union Labor 2

Results of an election conducted September 29, 1937, by employees of J. Wiss & Sons Co. of Newark on choice of an organization to negotiate with the concern were introduced in evidence at a National Labor Relations Board hearing yesterday afternoon at Federal Building here. The hearing is on a complaint of a CIO group the company was guilty of unfair labor practices.

According to tally sheets read by Emil Jansen, member of the committee which arranged the meeting, 321 ballots were cast. A total of 247 voted for an independent union 45 for a CIO local and 12 opposed forming any organization. The remainder of the ballots were voided.

Corners of the ballots had been cut off. This was done, it was stated, to prevent use of counterfeit ballots, an original ballot having been posted on the plant's bulletin board several days before the election. The company, it was testified, insisted on an election to determine which group it was to bargain with.

After one of the ballots was marked in evidence on motion of Norbury C. Murray, counsel to the Wiss company, Christopher W. Hoey, NLRB counsel, told. Special Examiner Elliott L. Biskind he would permit marking of the exhibits only ."as evidence of what took place at the plant at the election but not as certification for either union."

Murray said the election results represented the "majority opinion" of workers. "The company," Murray added, "insisted on better proof than showing of membership cards and because of the meeting's action was compelled to deal with the independent union."

Jansen, with other members of the independent union, maintained that no outside aid had been furnished the organization meeting expenses or general activities. Jansen said pledge cards to join had been signed in the basement of a company building during lunch recess but that no foreman had witnessed this. Jansen, questioned by Charles C. Pilgrim, counsel to the independent union, said a clergyman had served as impartial observer during the balloting.