Union Manufacturing Co.

In the Matter of MORRIS HARRIS AND ANNA HARRIS, COPARTNERS, D/B/A UNION MANUFACTURING COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. O. Case No. 16-R-1319.-Decided June 18,1945 Mr. Coyne Milstead, of El Paso, Tex., for the Company. Messrs. Ceferina Anchoudo and R. F. Gofford, of El Paso, Tex., for the Amalgamated. Miss Emily Jordan and Mr. A. F. Cadcna, of San Antonio, Tex., for the United. 112r. Louis Cokin, 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 Morris Harris and Anna Harris, copartners, d/b/a Union Manufacturing Com- pany, El Paso, Texas, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Glenn L. Moller, Trial Examiner. Said hearing was held at El Paso, Texas, on May 29, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of United Garment Workers of America, A. F. of L., herein called the United, to intervene. The Company, the Amalgamated, and the United 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: 62 N. L. R. B., No. 69. 525 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Union Manufacturing Company is a partnership with its principal office at Los Angeles, California. We are concerned with its plant at. El Paso, Texas, where it is engaged in the manufacture of men's work clothes. Dur- ing the 6-month period preceding the date of the hearing, the Company purchased materials for use at its El Paso plant valued in excess of $100,000, over 90 percent of which was shipped to it from points outside the State of Texas During the same period the Company manufactured products at its El Paso plant valued in excess of $150,000, over $147,000 worth of which was shipped to points outside the State of Texas The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act Ti THE ORGANIZATIONS INVOLVED Amalgamated Clothing Workers of America is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. United Garment Workers of America is a labor organization affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Amalgamated or the United as the exclusive collective bargaining representative of the employees at El Paso plant until one or the other is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Amalgamated represents a substantial number of employees in the unit hereinafter found to be appropriate 1 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV THE APPROPRIATE UNIT The Amalgamated and the United urge that all production and niainte- i ance employees of the Company, excluding office and supervisory em- ployees, constitute an appropriate unit The only controversy with respect to the unit concerns the office employees The Company would include them in the unit 1 The Field Examiner i eported that the Amalgamated pawn nted 133 author tzatlon c,u ds Thei e tic approximately 200 employees in the appropuate unit The Thal Examinct tepoited that the United presented 15 authorization cards UNION MANUFACTURING COMPANY 527 Since no affirmative showing has been made nor any compelling argu- ments advanced as to why we should depart from our usual practice of excluding office employees from a unit composed of production and mainte- nance employees, we shall exclude the office employees from the unit. We find that all production and maintenance employees of the Com- pany, excluding office employees and 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 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 means of 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. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor kelations 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Morris Harris and Anna 1 Barris, copartners, d/b/a Union Manufacturing Company, El Paso, 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 direc- tion 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 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 pre- sent themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be rep- resented by Amalgamated Clothing Workers of America, C. I. 0., or by United Garment Workers of America, A. F. of L., for the purposes of collective bargaining, or by neither.