Dickson-Jenkins Manufacturing Co.

In the Matter of DICKSON-JENKINS MANUFACTURING COMPANY, EM- PLOYER and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 16-R D91Y7.Decided March 1, 1948 Mr. George Lambert and Mrs. Alda Mae Cornuaud, both of Dallas, Tex., for the Petitioner. Mr. L. N. D. Wells, Jr., of Mullinace, Wells, Barbaria and Ball, of Dallas, Tex., and Miss Emily Jordan, of San Antonio, Tex., and Mrs. Mollie Farquhar, of Fort Worth, Tex., for the Intervenor. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Fort Worth, Texas, on December 5,1947, before Charles Y. Latimer, hearing officer. The hearing officers' 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 The Dickson-Jenkins Manufacturing Company, a Texas corpora- tion, is engaged in the manufacture of work and play clothes at its factory in Fort Worth, Texas. The Employer annually purchases raw materials valued in excess of $1,000,000, of which the major portion represents shipments from points outside the State of Texas. The Employer annually sells to points outside the State manufactured products valued in excess of $800,000. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 'Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [Houston, Murdock, and Gray]. 76 N. L. R. B., No. 65. 449 450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. 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. Ili. TILE QUESTION CONCERINING Rl''PRESENTATION The Employer refuses to recognize either the Petitioner or the In- tervenor as the exclusive bargaining representative of employees of the Employer until the Petitioner or the Intervenor has been certi- fied by the Board in an appropriate unit. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section.9 (c) (1) and Section 2 (6) and (7) of the Act.2 IV. THE APPROPRIATE UNIT We find, in substantial agreement with the parties, that all seam openers, pressers, cutters, cutters' helpers, bundle boys, service help, operators, and slipping clerks, excluding office and clerical employees, foremen, foreladles, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of See- i ion 9 (b) of the Act.3 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Dickson-Jenkins Manufactur- ing Conmpany, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) clays from the date of this At the lieaiing the Intervenor cooled to dismiss the petition on two grounds (1) The Iuterenor, which had been certified by the Boa id in 1944 (Matte) of Dickson-Jenkins 11laauifactnrinq Company, 57 N L R B 1095), alleged that the Employer was guilty of un'aui lahoi practices in refusing to baigain with it since February 1947, and argued that the l,etition should be dismissed An unfair labor piactice pioceeding (Case No 16-C-1575) brought by the intervenor, based on such alleged ierusal to haigaiii, was administratively dismissed by the Regional Director on June 20, 1947, and no appeal has been taken We, therefoie, flail the Intervener's contention to be without merit See platter of Johnson Fninatne Concpana/, 73 N I. B B 1112 (2) The Intervenoi further claimed that the Petitioner's showing of interest was stale, and that there had been a 15 Percent per month t ui n-Pier in eniploi nient we find these contentions to be without merit for reasons stated in Matte) of 0 D Jcnnings and Company, 68 N L It B 516, and in Matter of Natchez hla,dwood Company. 71 IN L'R' B 24 % This in the Caine unit established by the Board in Matter of,Diekson-Jen*ins Manufac- tniirr,Compang , 57 N L R B 1095 Testimony at the hearing established that the Em- plo2 ci,'s Opel ations have not changed substantially since then. DICKSON-TENKINS MANUFACTURING COMPANY 451 Direction, under the direction and supervision of the Regional Director for the Sixteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, 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, 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, and any employees on strike who are not entitled to reinstatement, 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. L., for the purposes of collective bargaining, or by neither. 781902-48-i of 76--30