Heljack Co., Inc.

In the Matter of HELJACK COMPANY, INCORPORATED and TEXTILE WORKERS UNION OF AMERICA, GREATER NEW YORK JOINT BOARD, C. I. O. Case No. R-41,01.-Decided August 19,194 - Jurisdiction : curtain manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition because of contract with rival organization contract about to expire, no bar ; election necessary. Unit Appropriate for Collective Bargaining : all production employees, exclud- ing executives and the shipping clerk; stipulation, as to. Mr. Jack Bernstein, of-Brooklyn, N. Y. for the Company. 'Mr. James Lipsig and Mr. Charles J. Cresanti, of New York City, for the C.I. O. Mr. S. Harvey Fosner, Mr. Richard Bandler, and Miss Helen Rubenstein, of New York City, for the A. F. of L. Mr. Seymour Spelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, Greater New York Joint Board, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Heljack 'Company, Incorporated, Brooklyn, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice 'before Frederick R. Livingston, Trial Examiner. Said hearing was held at New York City on August 3, 1942. The Board, the Company, the C. I. 0., and Upholsterers International Union of North America, Allied Bedding, Curtain & Drapery Workers Union Local 350, A. F. of L., herein called the A. F. of L., appeared, participated, and were afforded full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at, the hearing are free from prejudicial error and are hereby affirmed. • 43 N. L. R. B.. No. 64 481039-42-vol. 43-25 385 386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Helj ack Company, Incorporated, a New York Corporation having its principal office and a plant in Brooklyn, New York, is engaged in the business of contracting for jobbers of curtains and in the manufacture of curtains. The Company annually purchases raw materials valued in excess of $25,000 from various mills located in Massachusetts. The Company manufactures curtains from these raw materials and delivers the finished product to jobbers. At least 50 percent of the said finished product is shipped by the jobber to places outside the State of New York. The average annual net sales of the Company amount to approximately, $34,000. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Textile Workers Union of America, Greater,, New York Joint- Board, is a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of the Company. - The Upholsterers International Union of North America Allied Bedding, Curtain & Drapery Workers Union Local 350, is 'a labor organization affiliated =with the American Federation of Labor, ad- mitting to membership employees of the Company. III. TIIE QUESTION CONCERNING REPRESENTATION On June 18," 1942, the C. I. O. requested the Company to bargain with it as exclusive representative of the Company's employees. - The Company refused on the ground that it was then operating under a contract with the A. F. of L. This contract expires on August 31, '1942. Both unions claim to represent a majority of the employees of the Company. A statement of the Regional Director, introduced in evidence at the hearing, shows that each union represents a substantial number of-employees in the unit hereinafter found appropriate.' The Regional Director reported that the C I 0 submitted 21 membership applica- tions, all bearing apparently genuine, original signatures and dated between June 12 and 16, 1942, 20 of which bore names of persons listed on the pay roll of the Company for June 23, 1942. The A F. of L. submitted 26 membership ' applications, all bearing apparently genuine, original signatures and dated between June 12, 1940, and June 15, 1942, 25 of which bore names of persons listed on the pay roll of the Company for June 23, 1942. This pay loll contains the names of 27 persons within the unit hereinafter found appropriate. HELJACK COMPANY, INC. 387 We find that a ques,tiori affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National. Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production• employees of the Company, excluding executives and the shipping clerk, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of, the Act.' V. TIIE DETERMINATION OF REPRESENTATIVES We shall direst that the question concerning representation which has arisen be resolved by an election by secret ballot among the ,employees in the appropriate unit who were employed during the pay-roll period im nediately preceding the date of the Direction of Election' herein subject to the limitations and additions set forth in the Direction. 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby, DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with' Heljack Com- pany, Incorporated, Brooklyn, New York, an election by secret bal- lot shall be conducted 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 Second Region, acting in this' matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and. Regulations, 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 any such employees who did not work during said pay-roll period because they were ill on on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit, or been discharged for cause, to determine whether they desire to be represented by Textile Workers Union, of America,- 'The unit above found appropriate is substantially the same as that provided for in the existing agreement between the A. F. of L . and the Company. 388;- DECISIONS OF NATIONAL I;ABOR RELATIONS BOARD Greater New York Joint Board, affiliated with the Congress of Industrial Organizations or by Upholsterers International Union of North America, Allied Bedding, Curtain & Drapery Workers Union, Local No. 350, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.