Manchester Knitted Fashions, Inc.

In the Matter Of MANCHESTER KNITTED FASHIONS, INC., & MANCHESTER SPORT FASHIONS, INC., EMPLOYERS and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 1-R-3468.-Decided April 2, 194'7 Mr. Ralph M. Goldstein, of Boston, Mass., for the Employers. Mr..Sidney S. Grant, of Boston, Mass., for the Petitioner. Messrs. Ralph Roberts and Henry P. Healey, both of Boston, Mass., for the Intervenor. Mr. Lloyd S. Greenidge, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon an amended petition duly filed, hearing in this case was held at Manchester, New Hampshire, on January 17, 1947, before Leo J. Halloran, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer's request for oral argument is denied inasmuch as the record, in our opinion, adequately presents the issues and position of the parties. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYERS Manchester Knitted Fashions, Inc., herein called Knitted Fashions, is a New Hampshire corporation having its principal office and place of business in Manchester, New Hampshire, where it is engaged in the manufacture of knitted outerwear, such as knitted sweaters, knitted pajamas and "T"-shirts. During 1946, Knitted Fashions purchased yarn valued at more than $100,000, of which in excess of 50 percent was purchased outside the State of New Hampshire. During the same period, it produced finished products valued at more than $100,000, of which approximately 95 percent was shipped out of the State. 73 N. L. R. B., No. 93. 471 472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Manchester Sport Fashions, Inc., herein called Sport Fashions, is a New Hampshire corporation having its principal office and place of business in Manchester, New Hampshire, where it is engaged in the manufacture of woven outerwear such as woven sport shirts and woven shorts. During 1946, Sport Fashions purchased woven cloth valued at more than $50,000, of which in excess of 95 percent was purchased outside the State of New Hampshire. During the same period, it produced finished products valued at more than $50,000, of which approximately 95 percent was shipped out of the State. Each Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations , claiming to represent employees of the Employer. International Ladies' Garment Workers' Union, 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 Employers refuse to recognize the Petitioner as the exclusive bargaining representative of employees of the Employers until the Petitioner has been certified by the Board in an appropriate unit or units. We find that a question affecting commerce has arisen concerning the representation of employees of the Employers, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner and the Intervenor request a single unit consisting of all production and maintenance employees of both Knitted Fash- ions and Sport Fashions, excluding office and clerical employees and supervisors. The Employers contend that there should be two sep- arate units, one limited to the employees of Knitted Fashions and the other to the employees of Sport Fashions. The Employers do not object to the categories of employees to be included in and excluded from any unit or units. Knitted Fashions and Sport Fashions are separate corporations having, however, identical corporate officers. They rent and occupy two floors of the same building. Each corporation occupies a separate part of the leased premises and pays rent directly to the owner for the part so used.' The working area of Knitted Fashions is separated 1 The record does not disclose whether each Employer has a separate lease. MANCHESTER KNITTED FASHIONS, INC. 473 from that of Sports Fashions by an aisle 10 to 30 feet in width, an iron railing and a partition. Separate facilities, such as dining rooms; rest rooms, lockers and entrances to the plant premises are provided for the employees of each corporation. Separate time clocks are also in use. Each company has its own shippers, shipping rooms, offices and office help, except as indicated hereinafter. The two corporations are engaged in the manufacture of different products requiring the use of different raw materials and the appli- cation of different production techniques. Because the skills required are different, there is no interchange of skilled employees between the companies. Unskilled employees are occasionally "loaned" by one corporation to the other. When this occurs, a charge is made against the borrowing corporation for the services so rendered except when the time involved is too sin all to be taken into account. The manufac- turing operations of each corporation are separately supervised.' There is no interchange of supervisory personnel between the corpora- tions. Each corporation maintains separate financial records, bank ac- counts, pay-roll records and group health and accident insurance poli- cies. Each corporation also purchases its own raw materials through different purchasing agents. Certain employees of Knitted Fashions also perform services for Sport Fashions but the latter is charged for services so rendered. Among the employees of Knitted Fashions who perform services for Sport Fashions are the personnel director who interviews applicants for jobs at both companies, the telephone operator who handles tele- phone calls for both companies, and the chief bookkeeper who pre- pares the pay rolls for the two corporations. Under all the circumstances, we are of the opinion that the extent of integration between the two corporations is insufficient to warrant a single unit composed of employees of both corporations. Accord- ingly, we shall establish two separate units, one limited to the em- ployees of Knitted Fashions and the other to the employees of Sport Fashions.3 We find that the following units, excluding from each unit all office and clerical employees, executives, foremen and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitute units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act: 2 The superintendent of operations for Eniteed Fashions acts as technical advisor for Sport Fashions However, the operations of the latter are under the full-time direction of a manager 3 Matter of Consolidated Electrical Products, 71 N. L R B. 360 ; Matter of Reeves' Bound Laboratories, Inc., 60 N. L. R. B. 463; Matter of The 4irparts Company, 59 N. L. R B 1341. 474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (1) All production and maintenance employees of Knitted Fash- ions. (2) All production and maintenance employees of Sport Fashions. DIRECTION OF ELECTIONS 4 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Manchester Knitted Fashions, Inc., and Manchester Sport Fashions, Inc., both of Manchester, New Hampshire, separate elections 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 Director for the First 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 units found appropriate in Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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 elections, to determine whether they desire to be rep- resented by Amalgamated Clothing Workers of America, C. I. 0., or by International Ladies' Garment Workers' Union, A. F. of L., for the purposes of collective bargaining, or by neither. 4 Any participant in the elections herein may , upon its prompt request to , and approval thereof by , the Regional Director , have its name removed from the ballot.