Salant & Salant, Inc.

In the Matter of SALANT & SAL ANT, INC. and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. O. Case No. 15-R-1675.-Decided June 26, 1946 Mr. T. Lowry Whittaker, for the Board. Messrs. Joseph Martin and Carnsack Cochran, of Nashville, Tenn., for the Company. Messrs. Harold S. Marthenke and Edward A. Blair, of Nashville, Tenn., for the C. 1. 6. Mrs. Ida Lee Merchant and Miss Mary Sue Densmore, of Union City, Tenn., for the A. F. L. Mr. Tom Elam, of Union City, Tenn., for the Shirt Makers. Mr. Robert J. Freehling, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Amalgamated Clothing Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Salant & Salant, Inc., Union City, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas S. Adair, Trial Examiner. The hearing was held at Union City, Tennessee, on May 14, 1946. The Company, the C. I. 0., United Garment Workers of America, A. F. L., herein called the A. F. L., and Shirt Makers Wel- f are Association, Union City, Tennessee, herein called the Shirt Makers, appeared and participated. All parties 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 C 1 0 filed a waiver of any right to object to any election which may be held in the instant proceeding on the basis of any of the acts alleged as unfair labor practices an Case No 10-C-1354 In the course of the hearing, the representative of the Shirt Makers requested permis- sion to withdraw from the hearing, consenting at the same time to the conduct of the hear- ing in his absence The request was granted As a consequence , the Shirt Makers' position on certain issues was not adduced at the hearing 69 N. L. R. B., No. 8. 84 SALANT & SALANT, INC. 85 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Salant & Salant, Inc., a New York corporation with its principal office in New York City, is engaged in the manufacture and distribu- tion of work shirts and pants. The Company operates seven plants in the State of Tennessee; of these, only the Union City and Obion plants are involved in this proceeding. Annually, each plant con- cerned receives raw materials valued in excess of $100,000, of which almost all represents shipments from sources outside the State. Dur- ing the same period, each plant manufactures and distributes finished products valued in excess of $100,000, of which virtually all represents shipments to customers outside the State. For the purposes of this proceeding, the Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Amalgamated Clothing Workers of America, affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. United Garment Workers of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Shirt Makers Welfare Association, Union City, Tennessee, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the C. I. O. as the exclusive bargaining representative of any of its employees until the C. I. O. has been certified by the Board in an appropriate unit. 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 The C. I. O. seeks a unit of all production and maintenance em- ployees of the Company's Union City plant, including machinists and watchmen, but excluding clerical employees, administrative and executive employees, and supervisors. The Company agrees generally 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with the composition of the unit sought by the C. I. 0., except that it would include certain foreladies as production employees; it also differs with the C. I. O. as to the scope of the unit in that it would include employees at both the Union City and the Obion plants. The A. F. L. takes the same position as the Company with respect to the composition of the unit, but does not indicate its position as to the unit's scope. The Shirt Makers also agrees generally as to the com- position of the unit sought by the C. I. 0., but withdrew from the hearing before indicating its position on either the inclusion of the foreladies or the scope of the unit. Scope of the unit The Company's plants in Union City and Obion are located ap- proximately 16 miles apart. Both plants are engaged in the manu- facture of flannel and other types of work shirts. The Obion plant's functions are somewhat limited by the fact that the Union City plant receives, cuts and supplies all raw materials for the Obion plant, and after processing by the latter, warehouses the finished products pend- ing orders from the New York office. In addition, the clerical work for both plants is handled at Union City, including the preparation of pay rolls and pay checks, and the submission of joint inventories. How- ever, each plant is supervised by its own superintendent or manager who is responsible directly to the New York office for its operations. Each plant superintendent or manager has complete authority to hire and discharge and is afforded wide latitude in his labor policies, sub- ject to the general directives of the New York office. Furthermore, there is almost no interchange of employees between plants, and sep- arate maintenance crews are employed for each plant. Although wel- fare and vacation plans and wages are similar, beginning and quitting times differ, morning recesses are granted only at the Union City plant, and the "bundle" system of production is used at Obion, whereas both the "bundle" and "line" systems are used at Union City. In addi- tion, there is no prior history of collective bargaining at either plant, and neither the C. I. 0., the A. F. L., nor the Shirt Makers has ex- tended its organizational efforts to the Obion plant. Under these circumstances, we are of the opinion that the employees at the Union City plant are a distinct cohesive group capable of functioning as a separate unit for collective bargaining purposes.2 Foreladies The parties are in dispute as to the supervisory status of 8 fore- ladies who assist the head forelady in her supervisory duties. Each of these foreladies is responsible for the work of from 23 to 45 em- 2 See Matter of May, McEwen, Kaiser Company, 66 N L R B 1$41, and Matter of M B Manufdcturang Company, Inc., 53 N L. R B. 1029. SALANT & SALANT, INC. 87 ployees, attends periodic supervisor meetings, and spends practically all her time overseeing the work of her subordinates. Although the foreladies have no authority to hire or discharge, they submit reports on the performance of their subordinates and these reports are relied upon and form the basis of action taken by the head forelady. The wages of foreladies are generally higher than those of their subordi- nates and are equal or comparable to those of employees who are ad- mittedly supervisors. We are therefore of the opinion that the fore- ladies are supervisory employees within the Board's customary definition of that term and shall exclude them from the unit.' We find that all production and maintenance employees of the Company at its Union City, Tennessee, plant, including machinists and watchmen, but excluding clerical employees, administrative and ex- ecutive employees, foreladies, and all other 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 an election by secret ballot among employees 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 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Salant & Salant, Inc., Union City, Tennessee, an election by secret ballot shall be con- ducted 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 Fifteenth 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 em- ployees 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 ' See Matter of Salant and' Salant , Inc., 55 N. L . it. B 752. 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pay-roll period because they were ill or on vacation or temporarily laid ofi, 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Amalgamated Clothing Workers of America, C. 1. 0., or by United Garment Workers of America, A. F. L., or by Shirt Makers Welfare Association, Union City, Tennessee, for the purposes of collective bargaining, or by none of these organizations.