Calivogue Sportswear

228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If a majority, of the employees voting in groups (1) through (6) select the union which seeks to represent them separately 21 they shall be deemed to have indicated their desire to constitute a separate unit. [Text of Direction of Elections omitted from publication in this volume.] I 1 In the case of voting group (5) this refers to either the Boilermakers or the Pipefitters if both choose to appear on the ballot. See footnote 15, supra. GEORGE AFrERGOOD & SON' d/b/a CALIVOGUE SPORTSWEAR 1 and Los ANGELES JOINT BOARD, AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER. Case No. 21-RC-1981. September 18,1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Frank H. Stout, hearing officer. The hearing officer's rulings made At the hearing are free from prejudicial error and are hereby affirmed. 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-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9' (c) (1) and Section 2 (6) and (7) of the Act. 4. The Employer has two plants in Los Angeles, which are about a city block apart, one being at 1209 East 14th Street and the other at 1005 East 14th Street. The Petitioner is seeking a unit of production workers in the latter plant only. The Employer contends, however, that the requested single-plant unit is inappropriate and that only a two-plant unit is appropriate for purposes of collective bargaining. The number 1209 plant is engaged primarily in the manufacture of swim trunks, walking' shorts, undershorts, sport shirts, and separate supports for swim trunks. It also houses the Employer's offices and showroom. At the time of the hearing, June 25, 1951, this plant was closed down, as its business is largely seasonal, running from late The name of the Employer appears as amended at the hearing. 96 NLRB No. 34. k 0 CALIVOGUE SPORTSWEAR 229 summer to sometime in April. The -plant at number 1005 produces sports jackets. primarily. It contains no offices. Its normal comple- ment of employees is approximately 75, though at the time of the hearing only about 40 workers were employed. Though the two plants are physically entirely separate and their main products essentially different, there does exist between them a degree of integration. In addition to its jacket department, the fac- tory at number 1005 contains also the cutting, bundling, pressing, and shipping departments for all of the Employer's operations. Thus, for example, undershorts are cut and bundled at number 1005, then taken to number 1209 for sewing, and returned to number 1005 for shipping. Furthermore, all hand stitching and machine picking, wherever necessary, is done at number 1005. The personnel office is the number 1209 plant and both plants are under common over-all management. It would thus appear that a two-plant unit would be feasible. There are factors, however, which would justify a finding that a unit confined to employees at number 1005 is appropriate. Thus, though there is close functional integration between the production of certain of the Employer's products, the largest part of the produc- tion is integrated only insofar as shipping is concerned. The manu- facturing at number 1209 is done primarily on the account of Catalina, Inc., which supplies about 95 percent of the goods for its product already cut and bundled. Consequently, the cutting and bundling at number 1005 is done predominantly for products manufactured in that plant, most of which are made under contract with Maurice Holman, Inc. Although there is centralized control of personnel, the Employer has separate supervisors at each plant, who exercise the authority to hire and discharge employees. There is interchange of employees between the two plants only if one plant or the other falls behind in its production. There is nothing in the record to indicate how often this occurs. Also, when the number 1209 plant closes down in the spring a few of the employees of that plant are transferred to number 1005. As previously noted, the number 1209 plant closes for 3 or 4 months each year while the number 1005 plant is, insofar as the record shows, continually in production. In view of all the foregoing circumstances, and in view of the fact there is no history of bargaining on a two-plant basis, we are per- suaded that a unit confined to the employees of the Employer's plant at 1005'East 14th Street, Los Angeles, California, is appropriate 2 The parties agreed that if a single-plant unit is found appropriate, such a unit should be confined to "production" employees. However, 8 Stow and Davis Furniture Co., 92 NLRB 80; Waldensian Hosiery Mills, Inc., 85 NLRB 758, Foremost Dairies, Inc., 80 NLRB 764. 974176-52-vol. 96-16 23.0 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they could not agree whether certain employees should be classified as production employees. The Petitioner would include the sewing machine mechanic; the Employer would exclude him, contending that he is not a production but a maintenance employee. As the duties of this mechanic are primarily the oiling and repairing>of the production machines, we find that he is a maintenance employee and will exclude him. The Petitioner wants the shipping clerk, the jan- itor, and the part-time janitor excluded because they are not within its jurisdiction. The Employer contends they should be included as production employees. The shipping clerk works in the stockroom and also in an area that is a part of the production department. In addition to performing the usual duties associated with his job classi- fication, he also places stock on the stockroom shelves and into car- tons for shipment. We find that he is a production employee and will include him. The janitor spends only about 25 percent of his time at his janitor duties, and the other 75 percent helping the shipping clerk. The latter duties involve carrying boxes, packing and seal- ing cartons, receiving goods, and doing regular department work. As the janitor spends a major portion of his time in production work, we will include him. However, as the part-time janitor works at exclusively janitorial tasks, we will exclude him as a maintenance employee. Accordingly, we find that all production employees at the Em- ployer's plant at 1005 East 14th Street, Los Angeles, California, in- cluding the shipping clerk and janitor, but excluding the sewing machine mechanic, the part-time janitor, guards, and supervisors constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. '[Text of Direction of Election omitted from publication in this volume.] ALLEN V. SMITH, INC. and CONGRESS OF INDUSTRIAL ORGANIZATIONS, PETITIONER. Case No. 19-RC-826. September 18, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Julius N. Draznin, hearing officer. The hearing officer's rulings made at the hearing' are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board gas delegated its powers in connection with this we to a three-member -panel [Chairman Herzog and Members Houston and Reynolds]. 96 NLRB No. 37.