The Sterling Co.

In the Matter of THE STERLING COMPANY and INTERNATIONAL LADIES GARMENT WORKERS UNION5 LOCAL No. 328, AFFILIATED WITH THE AFL Case No. R-5134.Decided April 23,1943t Mr. Paul Y. Davis, of Indianapolis, Ind., for the Company. Messrs. Kenesaw M. Landis and Robert T. Miller, both of Logans- port, Ind., for the Union. , Mr. Joseph A. Noel, of Kokomo, Ind., for the Association. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Ladies Garment Workers Union, Local No. 328, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Sterling Company, Kokomo, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice ;before Robert D. Malarney, Trial Examiner. Said hearing was held at Kokomo, Indiana, on April 7, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. At the hearing, the Square Deal Associa- tion, herein called the Association, made a motion to intervene, which notion was denied by the Trial Examiner. We are of the opinion that the Association made a sufficient showing, of representation for the purposes of intervention,' and accordingly we shall reverse this ruling and we shall permit the Association to appear upon the ballot in the, election ordered herein. With the exception of the above, the Trial Examiner's ruling 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 See footnote 2, Infra. 49 N. L R . B., No. S. 50 THE, S'TERIJING COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 51 Reliance Manufacturing Company, an Illinois corporation with its principal office in Chicago, operates 16 plants for the manufacture of clothing. Among these is included a plant located at Kokomo, Indiana, known as the plant of The Sterling Company, with which we are concerned herein. The Company is normally engaged in the manufacture of ladies' dresses, but at the present time approximately 45' percent of,its products consists of field jackets and hospital gar- ments for the United States Army, and the remainder of its present production is ladies' work clothes and dresses. All of the raw ma- terials used by the Company during the past year were shipped to it from points outside the State of Indiana. During the same period at least 85 percent of its production was shipped to points outside the State of Indiana. The dollar volume of sales of the plant during the past year was approximately $1,750,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Ladies Garment Workers Union, Local No., 328, is a labor -organization affiliated with the American Federation of Labor, admitting to membership employees of the Company: Square Deal Association is an unaffiliated labor organization, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize any labor organization without certification by the Board. Statements of the Field Examiner and the Trial Examiner indicate that the Union and the Association each represents a substantial number of employees in the unit hereinafter found appropriate.' 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 Field Examiner reported that the Union submitted 3S7 application cards bearing apparently genuine original signatures , of which 152 contain names appealing on the Company's pay roll of January 19, 1943 This pay roll contained 403 names . The Trial Examiner reported that the Union submitted at the hearing 15 additional application cards containing apparently genuine original signatures , of which 14 contained the names of persons appearing upon the Company's pay roll of March 26, 1943 The Trial'Examiner further reported that the Association submitted petitions containing 75 apparently genuine original signatures , of which 68 are the names of persons appearing upon the Company's pay roll of March 26, 1943. 531647-43-vol. 49-5 - d 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE-APPROPRIATE U IT The, Company and the-Union agree that all production employees of the Company, including watchmen, janitors, and firemen, should be included within the appropriate unit, and that the matron, the first-, aid girl, and supervisory and clerical employees should be excluded. The Union, in addition, seeks to include within the unit a group of three mechanics whom the Cbmpany'would exclude. The record indi- cates that the mechanics keep the machines used by the production workers in good repair. They are paid on a salary basis whereas the' production employees are paid on an hourly or piece-work basis, and their incentive pay is computed on a different basis. While the me- chanics are not supervised by the-same officials as production employees and in general are not affected by seasonal fluctuations in employment, it is'clear that their work is closely related to that of the production employees. The Union accepts the mechanics for membership. Fur- thermore, we have heretofore included mechanics in a production and maintenance unit in a previous proceeding involving another plant belonging to the Reliance Manufacturing Company, the owner of the plant in the instant 'case.3 We shall include the mechanics within the unit. In accordance with the above, we find that all production employees of the Company, including watchmen, janitors, firemen, and me- chanics, but excluding the matron, the first-aid girl and supervisory and clerical employees, constitute a unit appropriate for the purpose 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 em- ployees 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 Rela- ' tions 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 The Sterling Corn- ' 331atter of Rehanee Manufacturing Company and United Garment Workers of Anverwa, Loea No 215, 47 N L R B 451 THE STERLING AGOI\ PANY 53 parry, Kokomo, Indiana, 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, Sec- tion 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 such employees who did not work, during said pay-roll.period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who pre- sent 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 International Ladies Garment Workers Union, Local No. 328, affiliated with the American Federation of Labor, or by the Square Deal Association, for the purposes of collective bargain- ing, or by neither.