Forest City Knitting Co.

In the Matter of FOREST CITY KNITTING COMPANY and AMERICAN FEDERATION OF HOSIERY WORKERS, C. I. O. Case No. 13-R-3318.-Decided Jum 26, 1946 Schultz & Fahy, by Mr. Edward J. Fahy, of Rockford, Ill., for the Company. Mr. John Banachowicz, of Milwaukee, Wis., for the Union. Mr. F. G. Dunn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by the American Federation of Hosiery Workers, C . I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Forest City Knitting Company, Rockford, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rosell, Trial Exa r. The hearing was held at Rockford , Illinois, on May 15, 1946. ne e Company and the Union 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. At the hearing and in its brief, the Company moved that the petition be dismissed . The Trial Examiner reserved ruling for the Board. The motion is hereby denied. 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Forest City Knitting Company is an Illinois corporation engaged in the manufacture of men's work socks. During the year 1945, the Company purchased raw materials valued in excess of $10,000, more 69 N L. R. B., No. 9. 89 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD than 85 percent thereof being transported to the plant from points outside the State of Illinois. During the same year the Company's sales were in excess of $50,000, of which more than 60 percent was transported from the plant 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. II. THE ORGANIZATION INVOLVED American Federation of Hosiery Workers is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of employees in the knitting room until the Union has been certified by the Board in an appro- priate 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 Union seeks a unit of all employees in the knitting room of the Company, including knitters, machinists, fixers, and needlemen, but excluding the plant superintendent and all supervisory employees.' The Company contends that the unit should be determined on a plant- wide basis. The actual manufacture of the Company's product is confined to the knitting room which is physically segregated from the rest of the plant. The actual production work is done by the knitters, each of whom operates from 24 to 40 automatic knitting machines. The needlemen spend their time adjusting the needle sets on the machines. The fixers make adjustments and minor repairs and the machinists make new parts and do major repair work on the 270 knitting ma- chines of the Company. There is also one employee who operates the ribbing machine which work is similar to that performed on the knitting machines. All of the above workers are highly skilled and require long training to properly qualify for their employment. The work outside the knitting room consists of the finishing and shipping of the Company's product. For the most part, these em- ployees are women and although an attempt has been made by the Union during the past year to organize these employees, they have ' There are approximately 30 employees in the appropriate unit. FOREST CITY KNITTING COMPANY 91 shown little interest in collective bargaining. The knitting room employees are the only ones who are presently seeking representation. In view of the physical segregation of the knitting room, the high degree of skill required of the employees therein, the general absence of interchange of employees,2 and the present state of union organi- zation, we are of the opinion that the employees of the knitting room alone at this time may constitute an appropriate bargaining unit.' We find that all employees in the knitting room of the Company, in- cluding knitters, fixers, machinists, needlemen, and ribbing machine employees, but excluding the plant superintendent 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 The Company requests that those employees in the appropriate unit who are now in the armed forces of the United States be allowed to participate in the election by mail ballots, if necessary .4 The Union does not object to such use of mail ballots. We are of the opinion that the facts in this case do not substantially differ from those in Matter of South West Pennsylvania Pipe Lines.5 Accordingly, we shall pro- vide for the mail balloting of employees in the armed forces who fall within the appropriate unit, subject to the conditions hereinafter mentioned. We shall direct that the question concerning representation be re- solved by an election by secret ballot among employees in the appro- priate 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. The Regional Director shall mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within seven (7) days after receipt of the Direction of Election, files with the Regional Director a list containing the names, most recent ad- dresses, and work classifications of such employees. The Regional Di- rector shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and 2 The record indicates that on occasion the Company will use some of its knitters for work outside the knitting i oom due to the shortage of labor, but it never transfers em- ployees from the finishing and shipping departments into the knitting room because of the skill required for Mork in the knitting room. 3 Matter of The Bailee Company, 66 N L R B 899, and cases cited therein 4 There are three knitting room employees in the armed forces 5 64 N . L R. B. 1384 92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD received by the Regional Office within thirty ( 30) days from the date they were mailed to such employees by the Regional Director 6 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Forest City Knit- ting Company, Rockford, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than forty-five (45) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this hatter as agent fbr the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among 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, 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 or not they desire to be represented by American Federation of Hosiery Workers, C. I. 0., for the purposes of collective bargaining. 6 A free interchange between the interested parties of information on the addresses and work categories of the employees to be voted by mail will be necessary, in order to avoid challenges and post-election objections Accordingly , the Board will make available to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters information or literature bearing directly or indirectly on the pending election , copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties. However, acceptance or transmittal of such literature by the Board's office Is not to be construe das conferring immunity on the filing party in the event that objections are later interposed concerning its content The usual principles will apply.