J. & A. Young, Inc.

In the Matter of J. & A. YOUNG, INC. and RosE AMANZio Case No. R-800.-Decided November 03, 1938 Clothes Manufacturing Industry-Investigation of Repiesentattics : no con- troversy concerning representation of employees ; only one organization in- volved; no request for collective bargaining and no present intention of doing so; petition for; dismissed where no question concerning representation has arisen. Mr. Will Maslow, for the Board, Mr. John J. Young, of Brooklyn, N. Y., for the Company. Mr. Morris Laufgraben, by Mr. A. M. Maryanov, of New York City, for Rose Amanzio. Mr. Daniel J. Harrington, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On May 17, 1938, Rose Amanzio, in behalf of the Independent Employees of J. & A. Young, Inc., Brooklyn, New York, herein called the Independent, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of J. & A. Young, Inc., Brooklyn, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. On July 16, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 4, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon Morris Lauf- graben representing the Independent, and upon International Ladies Garment Workers Union, Local 91, herein called Local 91, a labor ,6 N. L. R. B., No. 102. 1164 DECISIONS AND OItDEIRS 1165 organization alleged to represent employees directly affected by the investigation. On August 13, 1938, the Regional Director issued an amended notice of hearing, copies of which were duly served upon the above parties. Pursuant to the notice and amended notice, a hearing was held on August 22, 1938, at New York City, before -Martin Raphael, the Trial Examiner duly designated by the Board. The Board and the Independent were represented by counsel and -the Company was represented by John J. Young, its secretary and treasurer, and participated in the hearing. Local 91 did not appear. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Upon the entire record in the case the Board makes the following : FINDINGS OF FACT 1. TIIE BUSINESS OF THE COMPANY J. & A. Young, Inc., a New York corporation having its principal office and only place of business in Brooklyn, New York, is engaged in the manufacture and sale of underwear, polo shirts, outer wear, and similar articles. The principal raw materials used in such manu- facture are knitted fabrics. Approximately 90 per cent of these raw materials, valued at approximately $109,889.40, is purchased by the Company outside the State of New York, while approximately 80 per cent of the finished products manufactured by the Company, valued at approximately $196,164.31, is sold and shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of Section 2 of the Act and is subject to the jurisdiction of the Board.' II. THE ORGANIZATION INVOLVED Independent Employees is a labor organization created to repre- sent employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 7, 1938, a strike was called in the Company's plant, ap- parently by Local 91, although the testimony on this matter is vague. During the strike, which lasted 61/2 working days, 40 em- ployees did not work. Employees of the Company assembled to discuss the formation of an independent union during this period and a committee of five was appointed for that purpose. Subse- quently the names of 83 employees were obtained to a petition. This 1 The above facts relative to the business of the Company were stipulated to by the Company and counsel for the Board. '1166 NATIONAL LABOR RELATION S BOARD petition authorized the committee to represent the signatories in any negotiations to be conducted with the Board or any other agency, and to take any and all necessary steps to protect the employees' interest. John J. Young, secretary and treasurer of the Company, testified that the employees had not requested the Company to bargain col- lectively with them on any matters. Rose Amanzio, the petitioner herein, corroborated him in this testimony, but stated that the Inde- pendent might seek to bargain at some future time if the occasion should arise. No other labor organization asserted any claim in this proceeding to represent the employees. There is nothing in the record to indicate that the Company would have refused to bargain collectively with the Independent upon request or that it will refuse to do so in the future. The existence of a question concerning representation is not neces- sarily dependent upon whether or not an employer has been asked to bargain collectively and has refused. In the absence of such request and refusal, however, there must be present other circum- stances determinative of the existence of the question. No such cir- cumstances appear in this case. In view of the fact that no request for collective bargaining has been made and that no labor organization has any present intention of asking the Company to bargain collectively, we find that no question has arisen concerning representation of employees of the Company. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION of LAw No question has arisen concerning representation of the employees of J. & A. Young, Inc., within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board orders that the petition for investigation and certification filed by Rose Amanzio in behalf of Independent Employees be, and it hereby is, dismissed.