Conro Manufacturing Co.

In the Matter of CONRO MANUFACTURING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA (C. I.O.) Case No. R-4807.-Decided February 12,1943 Jurisdiction : garment manufacturing industry. Investigation and Certification of Representatives : existence of question:. fail- ure.to reply'to petitioner's request for recognition; election necessary. .Unit Appropriate for Collective Bargaining : all employees with specified ex elusions ; agreement as to. Mr. George Lambert, of Dallas, Tex., for the Amalgamated. Mr. Harry R. Williams, of Dallas, Tex., for the United. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Amalgamated Clothing Workers of America (C. I. 0.), herein called,the Amalgamated, alleging that a question affecting commerce had arisen concerning the representation of employees of Conro Manufacturing Company, Dallas, Texas, herein called the,Company,l the National Labor Relations Board provided for an appropriate hearing upon due notice before Elmer Davis, Trial Examiner. Said hearing was held at Dallas, Texas, on January"27, 1943. The Amalgamated and United Garment Workers of America, A. F. L., herein called the United,2 appeared and participated. All parties were afforded, full opportunity'to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company, though served with notice, did not appear at the hearing. z The United made a motion at the hearing to be allowed to intervene, which motion was allowed by the Trial Examiner. 47 N. L. R. B., No. 65. 456 IN CONRO MANUFACTURING COMPANY 457 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 3 Conro Manufacturing Company, a Texas corporation, has its prin- cipal office and place of business in Dallas, Texas, where it is engaged in the manufacture, sale, and distribution of men's wearing 'apparel, clothing, and barracks bags. During the last 6 months of 1941, the Company used in the production of its finished products raw materials valued at, approximately $1,500,000, of which approximately 80 per- cent was obtained from sources outside the State of Texas. Of the Company's finished products at least 20 percent is shipped to States other than the State of Texas. The Company normally employs about 800 employees. H. THE ORGANIZATIONS INVOLVED Amalgamated Clothing Workers of America is a' labor organiza- tion, affiliated with the Congress of Industrial Organizations, admit- ting to-membership employees of the Company. United Garment Workers of America is a labor organization, affili- ated with the American Federation of Labor, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about January 4, 1943, the Amalgamated sent a letter to the Company by registered mail requesting recognition but received no reply from the Company. A statement of a Field Examiner, introduced in evidence at the hearing, indicates that both unions represent a substantial number, of employees in the unit hereinafter found appropriate.4 8 The facts regarding the business of the Company are drawn from the Board's finding in a previous decision involving the Company and introduced in evidence at the hearing. See Matter of Genie Manutactureng Company and Amalgamated Clothing Workers of America, 44 N L R B 654. 4 The Field Examiner reported that the Amalgamated had submitted 652 authorization cards of which 358 were dated 1940-41, 7 dated first quarter of 1942, 8 dated second quarter of 1942, 8 dated third quarter of 1942 , 118 dated fourth quarter of 1042, 95 dated January 1943 , and 56 undated ; that with respect to the cards submitted, all of which appeared to bear genuine original signatures , a check of the cards bearing surnames beginning with the letters B, M, S, and w revealed that 34 7 percent contained the names of employees whose names appear on the Company 's pay roll for January 12, 1943, con- taining 500 names within the alleged appropriate unit. The Field Examiner further reported that the United had submitted 204 authorization cards of which 55 were dated 1941 and 149 dated the first quarter of 1942 ; that of these cards , all of which appeared to bear genuine original signatures, 75 bore the names of persons whose names are on the Company's pay roll of January 12, 1943. The Trial Examiner also reported that 20 of the employees whose names appear on the Company 's pay roll had signed cards for both unions. 458 DECISIONS- OF `NATIONAL LABOR. RELATIONS BOARD We find that' a' question affecting commerce has arisen concerning the representation of the employees of the Company within the mean- ing of Section 9 (c) and Section 2 (6) and -(7) of the National Labor Relations Act.5 IV. THE APPROPRIATE UNIT The Amalgamated and the United agree and we find that all em- ployees of the Company excluding Company officials, all office help (including the nurses), the two foremen and two foreladies of the sewing department, the foremen of the cutting department, foremen of the shipping department, foremen of the stock department, foremen of the machinists, the supervisor or instructor in charge of each line of production in the sewing department, the maids and porters or janitors, and the cafeteria employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act." V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot. among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion. 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 purposes of collective bargaining with Conro Manufac- turing Company, Dallas, Texas, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ,tidle III, Section 10, of said Rules and Regulations, among the em- ployees in the unit found appropriate in Section IV, above, who were 6 See Matter of Eclipse Lawn Mower Co. and United Steel Workers of America, affiliated' with the C. I. `0., 43 N. L. R B 1178. 6 This is substantially the same unit covered by a consent election agreement dated December 7, 1941, between the same parties, including the Company. Neither union received a majority of the votes cast in the election held pursuant to the consent election agreement and the petition was later withdrawn. CONRO MANUFACTURING COMPANY 459 employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present, themselves-in person at the polls,•but excluding ,employees who have since quit or been discharged for cause, to deter- mine whether they desire to be represented by Amalgamated Clothing Workers of America, C. I. 0., or by United Garment Workers of America, A. F. L., for the purposes of collective bargaining, or by neither. ,