G. H. Hess, Inc.

In the Matter of G. H. HESS, INCORPORATED, EMPLOYER and INTERNA- TIONAL LADIES' GARMENT WORxRRS UNION, A. F. L., PETITIONER Case No. 6-RC-31.-Decided March 19, 1948 Messrs. Warren G. Smith, and W. H. Hess, of Louisville, Ohio, for the Employer. Mr. Irwin J. Jaffe, of Baltimore, Md., and Mr. Joseph Lewis, of North Kenova, Ohio, for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Pitts- burgh, Pennsylvania, on January 29, 1948, before Erwin Lerten, hear- ing officer. The hearing ofpicet•'s rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the ease, the National Labor Relations Board 1 makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER G. H. Hess, Incorporated, manufacturers maids' uniforms and day- time dresses at its plants in Louisville, Ohio, and Wheeling, West Vir- ginia. We are here concerned only with the Wheeling, West Virginia, plant. In 1947, the Employer purchased for use at this plant raw materials exceeding $70,000 in value, all of which represented ship- ments from points outside the State of West Virginia. During the same period, the Employer shipper products exceeding $125,000 in value, from this plant 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. I Pursuant to the provisions of Section 3 (b) of the 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. 118. 838 G. H. HESS, INCORPORATED 839 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE 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. 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. IV. THE APPROPRIATE UNIT We find, substantially in agreement with the parties, that all pro- duction and maintenance employees at the Wheeling, West Virginia, plant of the Employer excluding clerical employees, foreladies, inspec- tors, janitorial employees, guards, professional employees, and super- visors constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with G. H. Hess, Incorporated, Wheeling, West Virginia, an election by secret ballot shall be con- ducted 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 Sixth Region and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regula- tions-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 also exclud- ing employees on strike who are not entitled to reinstatement, to deter- mine whether or not they desire to be represented by International Ladies' Garment Workers Union, A. F. L., for the purposes of collective bargaining.