James Doak, Jr. Co.

In the Matter of JAMES DOAK, JR. COMPANY and PHILADELPHIA TEX- TILE JOINT BOARD, TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. R-5823.-Decided September 9, 1943 Mr. Paul Freeman, of Philadelphia, Pa., for the Company. Messrs. James L. Stern, Gilbert J. Kraus, James Coyle, and Fred Muscheck, of Philadelphia, Pa., for the C. I. O. Mr. William F. Kelly, of Philadelphia, Pa., for the A. F. of L. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Philadelphia Textile Joint Board, Textile Workers Union of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of James Doak, Jr. Company,' herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at Philadelphia, Pennsyl- vania, on August 10, 1943. The Company, the C. I. 0., and Woolen and Worsted Federation, Local #2631 of the United Textile Workers of America, A. F. of L., herein called the A. F. of L., appeared, par- ticipated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the is- sues, and to file briefs with the Board. 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 James Doak, Jr. Company is a Pennsylvania corporation, having its principal place of business at Philadelphia, Pennsylvania. It is ' At the hearing, all pleadings were amended by the Trial Examiner to correspond with this, the correct corporate name. 52 N. L. R. B., No. 55. 378 JAMES DOAK, JR. COMPANY 379 engaged in the business of-spinning worsted yarn. During the year 1942, the Company purchased raw materials of a value in excess of $100,000, 100 percent of which was purchased outside the State of Pennsylvania. During the year 1942, the value of the Company's finished products was in excess of $100,000 and of this amount approxi- mately 50 percent was shipped outside the State of Pennsylvania. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Philadelphia Textile Joint Board, Textile Workers Union of Amer- ica, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Woolen and Worsted Federation, Local #2631 of the United Textile Workers of America, is a labor organization affiliated with theAmer- ican Federation of Labor, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The A. F. of L. became the sole bargaining representative of the Company's employees in 1941 as the result of a consent election which it won.2 Thereafter, the A. F. of L. and the Company entered into a contract which, in accordance with notice given, expired on July 28, 1942. On July 29, 1942, a new contract was executed by the Company and the A. F. of L. providing, among other things, that it should remain in effect for 1 year and that it should automatically continue in force from year to year unless either party should give to the other party written notice of a desire to modify or terminate the agreement 30 days prior to its expiration date. All parties agree that no notice of desire to modify or terminate the July 29, 1942, contract was given by either the Company or the A. F. of L. prior to June 29, 1943. All parties further agree that on June 14, 1943, the C. I. O.'s representative wrote to the Company advis- ing it that a substantial number of its employees had designated the C. I. O. as their bargaining representative and that the C. I. O. pro- posed to file a petition with the Board, and requesting the Company to withhold execution of a contract with the A. F. of L. until the C. I. O.'s rights had been determined by the Board. The Company received this letter on June 15 but did not reply to it. The Company was advised by the Board on June 29, 1943 that the C. I. O. had filed the petition in this matter. The Company and the A. F. of L. contend that no union has the right to dictate to them whether or not they may 2 Regional Case No. 4-R-626. 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD continue contractual relations; that the letter of June 14 has no effect; that the contract was automatically renewed on June 29, prior to receipt by the Company of notice that the C. I. O.'s petition had been filed; and that it is, therefore, a bar to this proceeding., This conten- tion has no merit.' The contract, having been renewed after the Company had been put on notice that the A. F. of L.'s majority was challenged by the C. I. O. is no bar to the present proceeding. A statement made by the Trial Examiner at the hearing, indicates that the C. I. O. represents a substantial number of the employees of the Company in the unit herein found appropriate .4 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. IV. THE APPROPRIATE UNIT We find, in substantial accord with the stipulation of the parties,5 that all employees of the Company excluding office workers, technical help, watchmen, and all supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of "Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concernilg 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 the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 3 See Matter of Walgreen Company, 37 N. L. R. B. 764; Matter of Superior Coach Cor- poration, 39 N. L. R B. 926. ' The C. I. O. submitted 80 application cards to the Trial Examiner, 66 of which bore apparently genuine, original signatures corresponding with names on the Company's July 28, 1943, pay roll which contained 197 names in the appropriate unit The Trial -Examiner refused to compare the signatures on the cards with the verified signatures of the employees' social security cards, and refused to allow counsel for the Company to do 'so This ruling has hereinabove been affirmed The Company and the A F of L. raised the further objection that the C I. 0 alleged representation of a majority in its petition but did not produce a majority showing on the cards We have frequently held that a substantial showing is sufficient to raise a question of representation ; a majority is 'un- necessary See Matter of Smith & Caffrey Co., 38 N L R. B 90 5 The Company refused to enter into the stipulation but stated that it would not object to the unit if the Board found it appropriate. ' JAMES DOAK, JR. COMPANY DIRECTION OF ELECTION 381 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 the 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 James Doak, Jr. Company, Philadelphia, Pennsylvania, 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 super- vision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 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 those employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented by Philadelphia Textile Joint Board, Textile Workers Union of America affiliated with the Congress of Industrial Organizations, or by Woolen and Worsted Federation, Local #2631 of the United Textile Workers of America affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN Miraas took no part in the consideration of the above Decision and Direction of Election.