David Karron, Inc.

In the Matter of DAVID KARRON, INC., EMPLOYER and INTERNATIONAL HANDBAG , LUGGAGE , BELT AND NOVELTY WORKERS UNION, AFL, PETITIONER Case No. P-R-6768.-Decided Januua'i y 16, 1947 . Mr. Murray E. Marston, of New York City, for the Employer. Cllr. Max M. Franlele , of New York City, for the Petitioner. Mr. Frank Schemer and Miss Mildred Roth , both of New York City, for the Intervenor. Cllr. Warren H. Leland , of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on September 12, 1946, before Vincent M. Rotolo, hear- ing officer. The hearing officer's riilnigs 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. TILE BUSINESS OF TILE EMPLOYER iiavid Karron, Inc., a New York corporation with its principal office, plant, and warehouse in Brooklyn, New York, is engaged in the manufacture, sale and distribution of pocketbook and handbag frames. During the past year, the Employer purchased raw mate- rials, consisting of cold rolled strip steel and plastics, valued in excess of $100,000, approximately 25 percent of which was received Trom points outside-the State of New York. During the same period, the Employer manufactured finished products valued in excess of $250,000, approximately 15 percent of which was shipped to points outside the State of New York. 72 N L R B, No 2D 174 DAVID KARRON, INC. 175 The 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 American Federation of Labor, claiming to represent employees of the Employer. United Electrical, Radio & Machine Workers of America, Amal- gamated Machine, Instrument, and Metal Workers, Local 475,1 herein called the Intervenor, is a labor organization affiliated with the Con- gress of Industrial Organizations, claiming to represent employees of the Employer. III. TILE 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. The Intervenor contends that Local 1225's contract with the Em- ployer is a bar to a present determination of representatives. This contract, for an initial term of 1 year, was executed on March 5, 1945, and contained a 45-clay provision- for automatic renewal for yearly periods. The petition in this case was filed before the 1947 effective date of the automatic renewal clause of the contract, and the anni- versary date of the agreement is less than 2 months distant. Accord- ingly, we find that the contract is not a bar to a current determination of repre'sentatlves.2 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. TI-IL APPROPRIATE UNIT In substantial accordance with the agreement of the parties, we find that all production and maintenance employees of the Employer, including shipping employees, but excluding all office, clerical, and sales employees, and all 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. 1 Local 475 is the successor to Local 1225 , the union with which the Employer has had contractual relations. 2 See Matter of Clark Bros . Co , Inc, 66 N L R. B 849 731242-47-vol. 72-13 176 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with David Marron, Inc., Brooklyn, New York, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the Second 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 Sec- tion IV, above, who were employed during the pay-roll period imme- diately 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 they desire to be represented by International Handbag, Luggage, Belt and Novelty Workers Union, AFL, or by United Electrical Radio & Machine Workers of America, Amalgamated Machine, Instrument and Metal Workers Local 475, CIO, for the purposes of collective bargaining, or by neither.