Soo Woolen Mills

In the Matter of Soo WOOLEN MILLS and LOCAL INDUSTRIAL UNION No. 1182, UNITED RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOY- EES OF AMERICA, C. I. O. Case No. R-44O.Decided November 18, 1942 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to bargain with petitioner until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding office, clerical, and supervisory employees. Mr. F. P. Sullivan, and Mr. John R. Cullis, of Sault Ste. Marie, Mich., for the Company. Mr. Charles Van Dusen, of Sault Ste. Marie, Mich., for the Union. Mr. Leo J. Halloran, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local Industrial Union No. 1182, affili- ated with the United Retail, Wholesale and Department Store em- ployees of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Soo Woolen Mills, Sault Ste. Marie, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at Sault Ste. Marie, Michigan, on October 22, 1942. The Company and the Union appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon' the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Soo Woolen Mills, a Michigan corporation, with its office and place of business at Sault Ste. Marie, Michigan, is engaged in the manufac- 45 N. L. R B., No. 99. 669 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tore and sale of woolen goods. During the year 1941, the Company used raw materials, including wool, cotton, strips, dyes, and chemicals, to the approximate value of $150,000, of which about 50 percent was imported from points outside the State of Michigan. The annual- approximate value of sales is. between $200,000, and $225,000, of which about 27 percent is shipped to points outside the State of Michigan. II. THE''ORGANTZATION, INVOLVED Local Industrial Union No. 1,182, affiliated with the United Retail,' Wholesale and Department Store Employees and the,Congress of In- dustrial Organizations, is a labor organization admitting to member-, ship employees of the Company, III. THE QUESTION CONCERNING REPRESENTATION On August 18, 1942, the Union requested the Company to recognize it as the exclusive bargaining representative of the Company's' em- ployees. The Company refused to recognize the Union as such repre- sentative unless and until the Union was certified by the Board. A statement of the Regional Director introduced in evidence and a statement of the Trial Examiner at the hearing indicate that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question affecting commerce-has arisen concerning the'.representation of employees of the Connpany, within the meaning of Section 9 (c) and'Sec'ti_oni; 2' (6) and '(7) `of'ilie'•Na,tion l.Labor- RelationsAct. - IV. THE APPROPRIATE UNIT The pitrties are agreed 'that the' appropriate li'nit should consist''of' all production and nlaintenance'employees, exclusive of office, clerical,, and supervisory employees. 'The -only dispute concerns'the foielady of the tailoring department.. - - ' The,,Company contends,thatithe forelady in the tailoring depart-- ment should be includecLin the unit, whereas the Union urges that she be excluded. The evidence indicates that the forelady is in charge' of the distribution of work to the sewers, supervises the-work done, and is held responsible for the quality of work produced by •the women under her. She receives 10 to 15 cents per hour higher wages than the sewers tinder her slipervision,'and has the authority to ' The Regional Director.-reported that-20„of ihe_siguatuies.,appearing on- the-member--ship cards presented by, the Union are, the, names;of persons appearing on the Company's list of '50 'employees'in' the, approprib'te unit as of September 8, 1942' Six additional cards submitted to the Trial Examiner at the hearing were also found to lie on the pay roll and in the appropriate unit. 1 , - SOO WOOLEN MILLS 671 recommend the employment and discharge of employees, which recommendation the Company usually'adopts. We find that the fore- lady in the tailoring department is a supervisory employee and should be excluded from the unit. We'find that all production and maintenance employees of the Com- pany, excluding office,- clerical , and supervisory employees , constitute a unit appropriate for'the purposes of.collective bargaining, _vyithin the ineaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATI\ ES We shall' direct that the question concerning representation which has arisen'be resolved' by an electioli'by'secret ballot among the ein ployees m ,tie appropriate unit who•,vvere employed during the,pay- roll period immediately preceding the date of the Direction of Elec tion herein, subject to the lirizitations and additions, set forth :in'the Dissection. DIRECTION OF ELECTION 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, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purpose of collective bargaining with Soo Woolen Mills, Sault Ste. Marie, Michigan, an election by edcrCt ballot shall be con- ducted,as early as possible, but not later than thirty (10) 'days, from the. dateiof' this Di recti on, under the direction alid supervision of the- Regional Director for the Twelfth. Region, acting in tilts matter as - agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the,employees in the unit found. appropriate in Section.IV, above, who were employed during, ,the pay-roll period immediately preceding, the dater of • this Direction, including employees who did not work during such pay-roll period, because they were ill or on vacation or in the active military, service or training of the United States, or temporarily laid,off, but excluding employees who have since quit or been discharged for cause, to determine va I Lether or not they desire to be represented by Local Industrial•Uni'r Nto.•l182., affiliated with the United Retail, Wholesale' and Department ,,tore Employees of America, C. 1. 0., for the pur- p<lses,,of collects r' bargaidiiig., . ,