Wells-Lamont Corp.

In the Matter of WELLS-LAMONT CORPORATION ' and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO Case No. R-4977.-Decided March 22, 191+3 Jurisdiction : glove manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to recognize union until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all employees of the company at one of its plants, with specified exclusions; stipulation as to. Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Richard Brazier, of St. Louis, Mo., for the CIO. Mr. Thomas Durian, of Milwaukee, Wis., for the AFL. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE ' Upon petition duly filed by Amalgamated Clothing Workers 'of America, CIO, herein called the CIO, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Wells-Lamont Corporation, Beardstown, Illinois, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Robert E. Dickman, Trial Examiner. Said hearing was held at Chicago, Illinois, on March 10, 1943. The Company, the 'CIO, and International Glove Workers of America, AFL, herein called the AFL, appeared,' participated, 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 : 1 Beardstown -Association of Glove workers was duly notified of this proceeding but did not appear. At the hearing held herein , evidence was introduced to show that the Asso- ciation was dissolved and absorbed by the C. I. O. 48 N. L. R. B., No. 50. 410 WELLS'-LAMONT CORPORATION FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 411 Wells-Lamont ' Corporation, a Minnesota corporation, with its general offices in Chicago, Illinois, is engaged in the manufacture of gloves. For this purpose it operates a plant at Beardstown, Illinois, and other plants located outside the State of Illinois. We are con- cerned herein with the Company's operations in Beardstown, Illinois. The Company annually purchases for use at its Beardstown plant raw materials exceeding $50,000 in value, of which more` than 30 percent is shipped to the plant from points outside the State of Illinois. The annual sales of the finished products of the Beardstown plant exceed $75,000, more than 35 percent of which is shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Amalgamated Clothing Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Glove Workers of America is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. . M. THE QUESTION CONCERNING REPRESENTATION Oil or about January 28, 1943, the CIO, by letter, sought recogni- tion from the Company, claiming to represent a majority of its employees. The Company refused to grant exclusive bargaining rights to the CIO until it had been certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the CIO and AFL each represents a sub- stantial number of employees in the unit hereinafter found appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2 The Regional Director reported that the CIO submitted 197 application cards, all of which bore apparently genuine original signatures , 181 of the signatures are names of persons appearing on the Company 's pay roll of February 13, 1943 , containing 247 names within the appropriate unit , He further reported that the AFL submitted 58 membership cards, of which 54 bore apparently genuine original signatures . Thirty -three of these signatures were the names of persons appearing upon the above-mentioned pay roll . In addition the- AFL submit- ted membership cards containing a printed signature and a typed signature, the names of which also appeared on the above-mentioned pay roll. 412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT In accordance with a stipulation of the unions, to which the Com- pany offered no objection, we find that all employees. of the Company at its Beardstown plant, excluding executives, the factory manager, the assistant factory manager, the superintendent, foremen, assistant foremen, foreladies, assistant foreladies, the shipping clerk, office 'employees, clerical employees, janitors, watchmen, outside truck drivers and machinists or maintenance men, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 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 employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the, limitations and additions set forth therein. 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 Wells-Lamont . Corporation, Beardstown, Illinois, 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 Thirteenth Region, acting in this 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 date of this Direction, including any such 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 any who have since quit or been discharged for cause, to determine whether they desire to be represented by Amalgamated Clothing Workers of America, affiliated with the Congress of Indus- trial Organizations, or by International Glove Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. 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