J.H. Rutter-Rex Manufacturing Co., Inc.

In the Matter Of J. H. RUTTER-REX MANUFACTURING COMPANY, INC., EMPLOYER and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 15-R-1725.Decided August 29, 19!6 Mr. Samuel Lang, of New Orleans, La., for the Employer. Messrs. Fred C. Peiper, Louis Stark , Ernest J. Wright, and Albert H. Bernadas, all of New Orleans, La., for the Petitioner. Mr. F. G. Dunn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Nev Orleans, Louisiana, on July 18, 1946, before Jerome A. Reiner, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer, in its brief, moved to dismiss the petition. This motion is hereby denied., Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER J. H. Rutter-Rex Manufacturing Company, Inc., operates plants in New Orleans, Louisiana, where it is engaged in the manufacture of work pants and work shirts. During the 6 months' period ending on or about June 30, 1946, the Employer's purchases were in excess of $75,000, 60 percent of which was shipped to its plants in New Orleans from points outside the State of Louisiana. During the same period, its sales were in excess of $125,000, 75 percent of which was shipped to customers outside the State of Louisiana. - The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 1 One of the grounds contended by the Employer for dismissing the petition was that no evidence was introduced at the hearing to show that the Petitioner represents a substan- tial number of employees in the alleged appropriate unit. We find no merit in This con- tention See Matter of 0 D Jennings & Company, 68 N. L R. B. 516. 70 N. L. R. B., No. 68. 897 898 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner 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 Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit of all production and maintenance cnr ployees of the Employer, 2 including shipping department employees, but excludmg,all office and clerical employees, line operators, mechan- ics, supervisors, floorladies, and all other supervisory employees. The Employer took no position as to the unit at the hearing.3 We find that all production and maintenance employees of the Eul- ployer, including shipping department employees, but excluding all office and clerical employees, line operators, mechanics, supervisors, floorladies, 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 mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with J. H. Rutter-Rex Manufactur- ing Company, Inc., New Orleans, Louisiana,' an election by secret ballot shall be conducted as early as possible, but not later than thirty 2 The Employer' s operations are carried on at four separate locations in the city of New Orleans The bulk of the employees in the unit sought work at 3725 Dauphine Street, where the actual stitching of the clothing takes place A small group of employees work at the three other locations , where the clothing is cut and marked , stored , and packed for shipment The operations of the Employer at its four locations are closely integrated there is a single pay roll, and a continuous interchange of employees Although Petitioner originally sought only the employees located at 3725 Dauphine Street, it amended its re- quc.t during the course of the hearing to include production and maintenance and shipping department employees at all four of the Employer's plants 3 Hon ever, in its brief, the Employer agrees that the unit should include employees at all four locations of the Company' s operations , but took no position therein as to the specific composition thereof. J. H. RUTTER-REX MANUFACTURING COMPANY, INC. 899 (30) days from the date of this Direction, under the direction and su- pervision 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 National Labor Relations Board Rules and Regulations-Series 3, as amended, among the 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 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 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 Amalgam- ated Clothing Workers of America, C. I. 0., for the purposes of col- lective bargaining. MR. JAMES J. REYNOLDS. JR.. took no part in the consideration of the above Decision and Direction of Election. 712 44-47-vul 70---5 5