Block Cut Manufacturers, Inc.

BLOCK CUT MANUFACTURERS, INC. 265 present case the Petitioner seeks to combine in a single unit all em- ployees in the nonmechanical departments, excluding only the outside circulation employees, guards, and supervisors. We find that the em- ployees petitioned for have a substantial community of interest with the editorial department employees, which would entitle them to be included in a single unit with the editorial department employees, if they so desire. The Chicago Daily News, Inc., 98 NLRB 1235. Under these circumstances, and in view of the Board's holding in The Chicago Daily News, Inc., supra, finding the optimum bargain- ing unit in the newspaper industry is one comprising employees in all nonmechanical departments, the Board finds merit in the Peti- tioner's motion, and accordingly issues this Amended Decision and Direction of Election, amending its original decision to direct a self- determination election herein which would permit the employees sought herein to be bargained for as part of the existing unit, if they so desire. Accordingly, we shall direct an election in the following voting group : All business office employees employed at the Employer's Niagara Falls, New York, plant, including employees in the classified and dis- play, advertising, payroll, inside circulation, and office maintenance departments, and employees known as district managers, but excluding the confidential secretary to the publisher and general manager, guards, employees in the outside circulation department, circulation manager, classified advertising manager, display advertising manager, and all other supervisors as defined in the Act. If a majority of the employees voting cast ballots for the Petitioner, they will be taken to have indicated their desire to be part of a single unit together with the editorial department employees, and the Peti- tioner may bargain for them as part of such unit. The Regional Di- rector conducting the election directed herein is instructed to issue a certification of results of election to such effect. [Text of Direction of Election omitted from publication.] BLOCK CUT MANUFACTURERS, INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH,1 PETITIONER FULTON COUNTY GLOVE MANUFACTURERS, INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH, PETITIONER BLOCK CUT MANUFACTURERS , INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH, PETITIONER i The name of the Petitioner appears as amended at the hearing. 111 NLRB No. 42. 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FULTON COUNTY GLOVE MANUFACTURERS , INC. and GLOVE WORKERS UNION OF FULTON COUNTY, OPERATORS AND DAY HANDS BRANCH, PETITIONER . Cases Nos. 3-RC-1416,3-RC-1417,3-RC-1457, and 3-RC-1458. January 20,1955 Decision and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, consolidated 2 hearings were held before Bernard Marcus, hearing officer. The hearing officer's rulings made at the hearings are free from prejudicial error and are hereby affirmed. Upon the entire records in these cases, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent certain em- ployees of the Employer.' 3. A question affecting commerce exists concerning the representa- tion of the employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The parties agree that the layers-off and cutters and shavers, who have been traditionally represented on separate bases, constitute separate groups appropriate for the purposes of collective bargaining. They disagree, however, as to the scope of the units. The Petitioner seeks separate associationwide units of layers-off employed by associa- tion members of Block Cut Manufacturers, Inc. (herein called Block ,Cut), and Fulton County Glove Manufacturers, Inc. (herein called Fulton County), and similar associationwide units of cutters and shavers.4 The Intervenors contend that these single associationwide units are too limited in scope, and seek separate units of all such em- ployees employed by glove manufacturers in the Fulton County area, whether or not association members. The Employer took no definite position but indicated his willingness to be bound by any Board unit determination. The record indicates that Block Cut and Fulton County employer associations have been in existence since the early 1940's and since 2 On June 15 , 1954, the Regional Director consolidated Cases Nos 3-RC-1416 and 3-RC-1417 and on October 19, 1954, he consolidated Cases Nos 3-RC-1457 and 3-RC-1458. Pursuant to a motion by the Intervenors , Operators, Day Hands and Layers -off of the Glove Workers Union of Fulton County, Local 292, ACWA, herein called Local 292, and Con- solidated Glove Cutters and Shavers Union of Fulton County, Local 1714, ACWA, herein called Local 1714, all four cases herein are hereby consolidated for purposes of decision. a Local 292 intervened in Cases Nos. 3-RC-1416 and 3-RC-1417 and Local 1714 inter- vened in Cases Nos. 3-RC-1457 and 13-RC-1458 on the basis of their contractual interest. 4 Members of both associations employ layers -off and cutters and shavers . However, the members of Fulton County employer association utilize the older , more highly skilled table cutting process of glove manufacturing while members of Block Cut employer asso- ciation use the newer and simpler block method. BLOCK CUT MANUFACTURERS , INC. 267 1946 have been bargaining only on behalf of those of their members who expressly had given them bargaining authority . Both associa- tions have utlilized the same attorney as their bargaining representa- tive, and at times joint bargaining meetings have been conducted.' But, for the most part, bargaining has been conducted separately for each association and the resulting agreements were separate associa- tion contracts to which only the associations and the unions were signa- tories. The association contracts specifically listed those participat- ing members on whose behalf the association had bargained. These participating members did not sign individual contracts with the unions. Moreover, although it has been customary for the employers in the Fulton County area to adopt the terms and conditions of the association contracts, with the exception of 1942 and 1946, none of the nonmembers signed contracts with the unions . Absent participa- tion in joint negotiations or delegation of bargaining authority to the associations, mere membership in the association or adoption of asso- ciation contracts by the employers are insufficient to warrant the in- clusion of their employees in the associationwide units.' Accordingly, in light of the foregoing and in view of the long-established history of separate associationwide bargaining in behalf of participating members only,' we are persuaded and find that only separate asso- ciationwide units of the layers-off and of cutters and shavers employed by participating members, are appropriate.' There remains for consideration the contract layers-off whom Local 292 contends should be included in the layers-off units. Laying off is the process of shaping and pressing the gloves and is the last opera- tion prior to packaging and shipment. Some manufacturers sub- contract the work out to contract layers-off, who work at home or in a separate rented area in the employers' buildings . The contract lay- ers-off may work for more than one employer and are fully responsi- ble for the gloves in their possession . The employers have no control or supervision over the activities of the contract layers-off or his em- ployees and the latter are not recipients of any of the benefits granted the employers' employees. In these circumstances , we find that the 5 These meetings were held jointly either for the association attorney 's convenience or for the necessity for presenting a united front to the unions 6 Denver Heating and Air Conditioning Contractors Association, 99 NLRB 251 , at 254, footnote 12; Associated Shoe Industries of Southeastern Massachusetts , Inc., 81 NLRR 224, at 229 and 230. 7 In 1953 , all employers of the employees of the Fulton County area participated in a consent election for a cutters and shavers unit of which Local 1714 was certified. We do not consider the participation of these employers in the election as having controlling significance especially since their participation was limited solely to the election and the association bargaining representative was not authorized to bargain jointly on their behalf. Moreover, no contract has been agreed upon up to the time of the hearing 8 This includes new members who authorize the association to bargain on their behalf. See Denver Heating and Air Conditioning Contractors Assrociation , supra. However, it does not include those former participating members who have indicated an intent to, abandon group action Pacific Metals Company, Ltd, 91 NLRB 696, 699. - 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD contract layers-off are independent contractors and shall exclude them and their employees from the units.' On the basis of the foregoing and upon the entire record in these cases, we find that the following separate units, excluding in each case all other employees, contract layers-off and their employees, office ,clericals, guards, and supervisors as defined in the Act, are appropri- ate for purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. a. In Case No. 3-RC-1416: All layers-off employed by members of Block Cut Manufacturers, Inc., who are participating members of the association for bargaining purposes. b. In Case No. 3-RC-1417: All layers-off employed by members of Fulton County Glove Manufacturers, Inc., who are participating members of the association for bargaining purposes. c. In Case No. 3-RC-1457: All cutters and shavers employed by members of Block Cut Manufacturers, Inc., who are participating members of the association for bargaining purposes. d. In Case No. 3-RC-1458: All cutters and shavers employed by members of Fulton County Glove Manufacturers, Inc., who are par- ticipating members of the association for bargaining purposes. [Text of Direction of Election omitted from publication.] 9 See Alaska Salmon Industry, Inc., 110 NLRB 900. WARNER ELECTRIC BRAKE & CLUTCH COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL, DISTRICT No. 68, PETITIONER. Case No. 13-RC-40f8. January 20,1955 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- -bor Relations Act, a hearing was held before Allen P. Haas, hearing .officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 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 organizations involved claim 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. The Intervenor, United Steelworkers of America, CIO, and its Local 3245, asserts its current contract as a bar to the present proceed- 111 NLRB No. 41.