Paramount Flag Co.

In the Matter Of PARAMOUNT FLAG COMPANY, EMPLOYER and WAREHOUSE UNION, LOCAL No. 6, C. I. 0., PETITIONER Case No. 20-R-1925.-Decided April 9, 1947 Mr. Raymond H. Shone, of San Francisco, Calif., for the Employer. Messrs. Gladstein, Andersen, Resner, Sawyer cl; Edises, by Mr. Nor- man Leonard, of San Francisco, Calif., for the Petitioner. Messrs. Tobriner cli Lazarus, by Mr. Edward F. Dullea, of San Fran- cisco, Calif., for the Intervenor. Mr. George M. Yaghjian, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at San Fran- cisco, California, on January 14, 1947, before Suzanne J. Schroeder, 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 I. THE BUSINESS OF THE EMPLOYER Paramount Flag Company, a California corporation with its prin- cipal place of business in San Francisco, California, is engaged in the manufacture and sale of flags and bunting. During the 6 months end- ing October 31, 1946, it purchased raw materials, consisting princi- pally of silk and cotton fabrics, valued in excess of $35,000, of which more than 65 percent was shipped to the plant from points outside the State of California. During the same period, it produced finished products valued in excess of $90,000, of which more than 12 percent was shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 73 N. L. R. B, No. 50. 262 PARAMOUNT FLAG COMPANY II. THE ORGANIZATIONS INVOLVED 263 The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Leather & Novelty Workers' Union, Local 31, herein called the Intervenor, is a labor organization affiliated with the American Fed- eration of Labor, claiming to represent employees of the Employer- III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as exclusive bar- gaining representative of employees of the Employer, contending that to do so would be in contravention of its contractual obligations with the Intervenor. The latter argues that an existing collective bargaining agreement with the Employer is a bar to this proceeding. On October 23, 1946, the Employer and the Intervenor entered into, a collective bargaining agreement covering the employees involved herein for a term ending May 1, 1947, and from year to year there- after unless either party should serve notice of a desire to terminate the agreement at least 30 days before any anniversary date. Inas- much as this agreement may be terminated in approximately 1 month from the present time, we find that it is not a bar to this proceeding.) 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 We find, in accordance with an agreement of the parties, that all production and maintenance employees of the Employer, excluding office and clerical employees, and all supervisory employees with au- thority 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.2 DIRECTION OF ELECTION 3 As part of the investigation'to ascertain representatives for the purposes of collective bargaining with Paramount Flag Company, San Francisco, California, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from I Matter of California Metal Trades Association, et al., 72 N. L. R B. 624, Matter of Clark Bros . Co., Inc., 66 N. L. R. B. 849. 2 This unit is identical with that presently represented by the Intervenor. f Any participant in the election herein may , upon its prompt request to , and approval thereof by , the Regional Director, have its name removed from the ballot. 264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the date of this Direction, under the direction and supervision of the Regional Director for the Twentieth 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 vacation or temporarily laid off, and in- ^cluding employees in the armed forces of the United States who pre- sent 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 Warehouse Union, Local No. 6, C. I. 0., or by Leather & Novelty Workers' Union, Local 31, A. F. L., for the purposes of collective bargaining, or by neither. CHAIRMAN HERzoG took no part in the consideration of the above Decision and Direction of Election.