Union Manufacturing Co.

In the Matter of MORRIS HARRIS AND ANNA HARRIS, CO-PARTNERS, D/B/A UNION MANUFACTURING COMPANY, EMPLOYER and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER Case No. 16-R-2007.-Decided February 7, 1947 Mr. J. H. Roth, of El Paso, Tex., for the Employer. Messrs. Cerefino Anclzondo and Latane Lambert, of El Paso, Tex., for the Petitioner. Messrs. Sam Diaz and George F. Webber, of El Paso, Tex., for the Intervenor. Mr. Jack Mantel, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon an amended petition duly filed, the National Labor Relations Board, on October 31, 1946, conducted a prehearing election pursuant to Section 203.49 of the Board's Rules and Regulations among the employees in the alleged appropriate unit, to determine whether they desired to be represented by the Petitioner or by the Intervenor, or by neither labor organization, for the purposes of collective bargain- ing. At the close of the election, a, Tally of Ballots was furnished the parties. The Tally reveals that there were approximately 231 eligible voters; that 222 valid-ballots were cast, of which 145 were for the Petitioner, 2 for the Intervenor, and 75 for neither; and that 5 ballots were challenged. On November 6, 1946, the Intervenor filed objections to the conduct of the election. Thereafter, a hearing was held at El Paso, Texas, on December 5, 1946, before Lewis Moore, 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 Union Manufacturing Company is a partnership with its principal office at Los Angeles, California. We are here concerned with the 72 N. L. R. B., No. 89. 494 UNION MANUFACTURING COMPANY 495 Employer's plant at El Paso, Texas, where it is engaged in the mann- facture of men's work clothes. During the 6-month period preceeding the date of the hearing, the Employer purchased materials for use at its El Paso plant valued in excess of $100,000, of which over 90 percent was shipped to its plant from points outside the State of Texas. During the same period, the Employer manufactured finished products at its El Paso plant, valued in excess of $150,000, of which over $147,000 worth was shipped to points outside the State of Texas. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. If. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. United G lament 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. IT[. THE QUESTION CONCERNING RFPRESENT ATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been cert ifiecl by the Board in an appropriate unit. We find that a, question affecting colnnierce. 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 substantial accord with the agreement, of the parties, that all production and maintenance employees of the Employer, in- cluding operators, inspectors, pressers, bundle boys, numerators or numberers, production counters, markers, cutters, shipping employees, machinists and machinists' helpers, but excluding clerical employees, night watchman, head shipper, plant manager, superintendent, fore- men, foreladies, 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 meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES The Intervenor objected to the conduct of the election, alleging that the results thereof were influenced because of a statement made by a Board agent to two employees. The record discloses that the Inter- 731242-47-N ol. 72-33 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD venor had designated two employees to serve as observers for the election. The Board agent summoned these employees to the polling place immediately before the election in order to instruct them as to their duties. They told the Board agent that they would not serve as observers and the former requested them to sign a statement to that effect. The two employees testified that upon their refusal to sign such statement, the agent told them that they would have to do so, "because that's the only thing that will keep you from going to jail." The employees returned to their work until voting time, then cast their ballots and returned to their job. They did not discuss the matter with any other employees who were eligible to vote in the election, nor does it appear that the incident was witnessed by any other employees. A statement of the Board agent, which Wa* s made a part of the record by stipulation of the parties, showed that the agent had told the two employees that they should sign the waiver to act as observers "to keep me out of jail." Without condoning the statement attributed to the Board agent, it is our opinion that neither version of what was said to the two employees is sufficient to warrant the setting aside of the election. The results of the election held prior to the hearing show that the Petitioner has secured a large majority of the valid votes cast and that the challenged ballots are insufficient in number to affect the results of the election. Under these circumstances, we shall not direct that the challenged ballots be opened and counted, but instead we shall certify the Petitioner as the collective bargaining representative of the employees in the unit hereinbefore found appropriate. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that Amalgamated Clothing Workers of America, CIO, has been designated and selected by a majority of all production and maintenance employees of Morris Harris and Anna Harris , co-partners , d/b/a Union Manufacturing Company, El Paso, Texas, including operators, inspectors, pressers, bundle boys, numera- tors, or numberers, production counters, markers, cutters, shipping employees, machinists and machinists' helpers, but excluding clerical employees, night watchman, head shipper, plant manager, superin- tendent, foremen, foreladies, 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, as their representative for the purposes of collective bargain- ing, and that, pursuant to Section 9 (a) of the Act, the said organi- zation is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.