Elder Manufacturing Co.

In the Matter of ELDER MANUFACTURING COMPANY, EMPLOYER and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 14-R-1581.-Decided April 8, 1947 Mr. Alfred W. Petschaft, of St. Louis, Mo., and Mr. M. Walker Cooper, of Bloomfield, Mo., for the Employer. Mr. Philip Lampert, of Chicago, Ill., and Mr. Nils Hagy, of St. Louis, Mo., for the Petitioner. Messrs. John T. Wiley, Jr., and Harry H. Craig, of St. Louis, Mo., for the Intervenor. Mr. Lewis H. Ulinan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Dexter, Missouri, on October 18, 1946, before Charles K. Hackler , hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TIIE BUSINESS OF THE EMPLOYER Elder Manufacturing Company, a Missouri corporation, is engaged in the manufacture of men's shirts and boy's wear at its several plants located in St. Louis, Webb City, Ste. Genevieve, and Dexter, Missouri, and McLeansboro, Illinois. The Dexter plant is the only one involved in this proceeding. During the year ending October 18, 1946, the Employer purchased raw materials for use at its Dexter plant valued at more than $1,000,- 000, all of which represented shipments from the Employer's main plant at St. Louis, Missouri. During the same period the finished products of the Dexter plant were valued at more than $1,000,000, of 73 N I, R. B., No. 41. 230 ELDER MANUFACTURING COMPANY 231 which approximately 90 percent represented shipments to points out- side the State of Missouri. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. United Garment Workers of America, herein called the Intervenor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. TIIE QUESTION CONCERNING REPRESENTATION On September 18, 1946, the Petitioner, by telegram, notified the Employer that it represented the employees at the Employer's Dexter plant, and requested a collective bargaining conference. The Em- ployer replied by letter, advising the Petitioner that the employees of its Dexter plant were covered by an outstanding contract with the Intervenor. On September,19, 1946, the Petitioner filed its petition herein. The record reveals that the Intervenor won a consent election con- ducted by the Board on January 8, 1946, and, subsequent to certifica- tion by the Board's Regional Director, entered into a collective bargaining contract with the Employer covering production and maintenance employees at the Dexter plant. This contract provided that it was to remain in effect until June 15, 1946, and from year to year thereafter in the absence of 30 days' notice, prior to any expira- tion date, that either party desired changes. Although the contract would have been automatically renewed in June 1946, since neither party gave notice that it desired changes, a representative of the Intervenor executed an extension agreement with the Employer, ex- tending the contract until June 15, 1947. The Intervenor asserts that its contract, as extended, bars a present determination of representatives; the Petitioner asserts that the con- tract is not a bar because the Intervenor, following the mass disaffilia- tion of its members in September of 1946, became a defunct labor organization. We find it unnecessary to resolve the issue thus raised, inasmuch as the contract which the Intervenor asserts to be a bar will expire within less than 3 months 1 and the instant petition may be regarded as timely filed prior to the 1947 automatic renewal date 2 'Matter of The Wheland Company, 72 N L R B 351. 2 Matter of F. S. Lang Manufacturing Company, 66 N. L. R. B 473. 232 DECISIONS OF NATTONAL LABOR RELATIONS BOARD 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. 1V. THE Ari'ROI'RIATE, UNIT We find, substantially in accord with the agreement of the parties, that all employees of the Employer's Dexter, Missouri plant, excluding night Niatchmen, janitresses, office and clei;tcal employees, foreladies, assistant foreladies, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of eluployees, 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. DIRECTION OF ELECTION 3 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Elder Manufacturing Company, Dexter, Missouri, 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 supervision of the Regional Di- rector for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, 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 vaca- tion 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 dis- charged 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. I. 0., or by United Garment Workers of America, A. F. of L., for the purposes of collec- tive bargaining, or by neither. C1IACRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. ' Any participant in the election herein may, upon its prompt request to, and approval thei eof by, the Regional Director, have its name removed ti om the ballot'