New York Handkerchief Co.

In the Matter of NEW YORK HANDKERCHIEF COMPANY and INTERNA- TIONAL LADIES GARMENT WORKERS UNION, LOCAL No. 76 Case No. B-579.-Decided February 28, 1938 Cotton Handkerchief Manufacturing Industry-Investigation, of Representa- tives: controversy concerning representation of employees : refusal by employer to recognize petitioning union as bargaining agency-Unit Appropriate for Collective Bargaining : plant-wide ; stipulation as to-Election Ordered Mr. Stephen M. Reynolds, for the Board. Mr. Charles L. Cohns, of Chicago, Ill., for the Company. Mr. Harold W. Schwartz, of Chicago, Ill., for the Union. Miss Ann Landy, of counsel to the Board. .DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 24, 1937, International Ladies Garment Workers Union, Local No. 76, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of New York Handkerchief Com- pany, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the Act and Article-III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On January 18, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. On January 24, 1938, the Regional Director upon the request of counsel for the Company ordered a continuance of the date of the hearing. Pursuant to the notice and order, a hearing was held on January 28, 1938, at Chicago, Illinois, before John A. Lapp, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence 703 704 NATIONAL LABOR RELATIONS BOARD bearing on the issues was afforded to all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no preju- dicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The °New York Handkerchief Company is an Illinois corporation having its principal office and place of business in Chicago, Illi- nois, where it is engaged in the manufacture and sale of cotton handkerchiefs. The principal raw materials used, cotton goods and thread, are all obtained from the southern States. Seventy-five per cent of the finished product is sold outside of Illinois. The total sales of the Company amount approximately to $1,000,000 annually. The Company employs around 225 employees, with additional help prior to the Christmas season. The seasonal employees seldom return in the following year. II. THE ORGANIZATION INVOLVED International Ladies Garment Workers Union, Local No. 76, is a labor organization affiliated with the Committee for Industrial Organization, admitting to its membership all production and main- tenance employees of the Company, excluding office workers and supervisory employees. III. THE QUESTION CONCERNING„REPRESENTATION The Union, claiming to represent a majority of the employees, wrote to the Company on November 16, 1937, to arrange for nego- tiations. The Company denied that the majority of its employees had affiliated with the Union and refused to negotiate. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection' with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic and commerce among the several States, and DECISIONS AND ORDERS 705 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing, both parties agreed that all employees of the Coin- pany, exclusive of clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. It was stipulated that the word "supervisors" should mean foreladies, fore- men and managers. We find that the production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and collective bargaining and other- wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees can best be decided by holding an election Ly secret ballot to determine whether or not the employees wish the Union to repres3nt them. Those eligible to vote shall be the em- ployees °within the, appropriate unit who were on the Company pay roll as of January 28, 1938, the date of the hearing, excluding those employees who have since quit or been discharged for cause. The adoption of such eligibility date will serve to exclude from the vot- ing seasonal employees who, as noted above, seldom return to work from season to season. Upon the basis of the above findings of fact knd upon the entire record in the case, the Board makes the following : CONCLUSIONS OF,LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of New York Handkerchief Company, Chi- cago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- 706 NATIONAL LABOR RELATIONS BOARD tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with the New York Handkerchief Company, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations-Series 1, as amended, among the production and maintenance employees of the New York Handker- chief Company, who appear on the pay roll as of January 28, 1938, excluding clerical and supervisory employees, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the International Ladies Garment Workers Union, Local 76, affiliated with the Com- mittee for Industrial Organization, for the purpose of collective bargaining. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION March 11, 1938 On February 28, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding, the election to be held within fifteen (15), days from the date of the Direction, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). The Board, having been advised by the Re- gional Director for the Thirteenth Region that a longer period with- in which to hold the election is necessary, hereby amends the Direc- tion of Election issued on February 28, 1938, by striking therefrom the words "within fifteen (15) days from the date of this Direction" and substituting therefor the words "within twenty-five (25) days from the date of this Direction."