Sidney Blumenthal & Co., Inc.

In the Matter of SIDNTY BLUMENTHAL & CO., INC. and TEXTILE WORKERS ORGANrZING COAIMi'I I'EE Case No. R-1299.Decided April 6,1969 Textile Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : refusal by employer to have union cards checked against pay roll by State and Federal Labor Agencies authorizing union to act as bargaining agent-Unit Appropriate for Collective Bargaining : production and maintenance employees, excluding clerical and supervisory employees, lead men, foremen , watchmen , technical and pro- fessional employees , truck drivers , and mechanics ; agreement as to-Election Ordered-Certificationn, of Representatives. Mr. Millard L. Midonick, for the Board. Porter & Taylor, by Mr. F. C. Taylor, of New York City, for the Company. Mr. John J. Abt, of New York City, for the T. W. O. C. Mr. Roscoe L. Barrow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 4, 1938, Textile Workers Organizing Committee, herein called the T. W. O. C., 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 Sidney Blumenthal & Co., Inc., herein called the Company, in the Company's plant at Shelton, Connecticut, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 30, 1939, 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 Re- lations 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. 12 N. L. It. B., No. 13. 108 SIDNEY BLUMENTHAL & CO., INC. 109 On February 16, 1939, the Regional Director issued a notice of hearing, copies of which were duly served on the Company and the T. W. O. C. Pursuant to the notice a hearing was held on February 28 and March 1, 1939, at Shelton, Connecticut, before Charles E. Persons, the Trial Examiner duly designated by the Board. The Board, the Company, and the T. W. O. C. were represented by counsel; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded 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 prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is a New York corporation which maintains fac- tories, warehouses , or branch offices in several States. It is engaged in the manufacture, sale, and distribution of pile fabrics . The prin- cipal raw materials used in the manufacture of pile fabrics are mo- hair, wool, cotton, sills, and rayon. The Company has about 1,000 trade-marks, many of which are registered with the Federal Govern- ment for use in interstate commerce. At the Shelton, Connecticut , plant, which is the only one involved in this proceeding , weaving, dyeing, finishing, and printing of pile fabrics is done. Of approximately 2,000,000 pounds of textile fabrics purchased by the Company during the last 6 months of 1938, nearly 100 per cent were shipped from points outside of Connecticut to the Shelton plant. During this salve period , of approximately 3,000,000 yards of pile fabrics manufactured at the Shelton plant, nearly 100 per cent were shipped to points outside of Connecticut . The parties have stipulated that the Company is engaged in commerce within the meaning of Section 2 (6) of the Act. In November 1938 the employees of the Shelton plant numbered 1,160, of whom approximately 970 were production and maintenance employees. II. THE ORGANIZATION INVOLVED Textile Workers Organizing Committee is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership all production and maintenance employees of the Com- 110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany, excluding supervisors , foremen, foreladies , billing clerks, clerks, professional and technical employees , watchmen, truck drivers, and mechanics. ITT. TIIE QUESTION CONCERNING REPRESENTATION In 1937 the T. W. O. C. began to organize the employees of the Shelton plant. In September 1938 it claimed that a majority of the employees had designated the T. W. O. C. as bargaining repre- sentative, and a conference was had with officials of the Company. The T. W. O. C. agreed to let the Deputy Commissioner of Labor of Connecticut and a conciliator from the United States Department of Labor check the pay roll against the cards authorizing the T. W. O. C. to act as bargaining agent, but this was not agreeable to the Company. On November 4, 1938, the T. W. O. C. filed its petition herein. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF TILE 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing it was agreed that the appropriate unit should be plant-wide, consisting of production and maintenance employees, ex- cluding supervisors, foremen, foreladies, clerks, billing clerks, pro- fessional and technical employees, watchmen, truck drivers, and mechanics. During the hearing there was controversy as to the status of cer- tain lead men in the Finishing Department, certain clearical workers and certain workers in the "M. S. R. & Shipping Department" whose duties were partially clerical, and certain dispatch clerks in the Finishing, Piece Dye, Paddle Dye and Drug Room, and Weaving Departments. However, at the conclusion of the hearing the parties agreed that the lead men were supervisory employees and that the disputed clerks, who were employed in production departments, were in the same category as clerks in clerical departments. It was also SIDNEY BLUMENTHAL & CO., INC. 111 agreed that the disputed workers in the "M. S. R. & Shipping De- partment" were to be excluded. We see no reason for disturbing this agreement ; the above-described employees will be excluded. No agreement was reached as to the status of Charles DeWitt. DeWitt is a grinder in the Finishing Department. The Company desires his inclusion and the T. W. 0. C. his exclusion. The record shows that DeWitt tells the men under him when and when not to report for work and works with them in a supervisory capacity. We shall exclude him from the unit. We find that the production and maintenance employees of the Shelton plant, excluding clerical and supervisory employees, lead men, foremen , foreladies, watclunen, technical and professional em- ployees, truck drivers, and mechanics, constitute a unit appropriate for purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of the right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. TILE DE'I'ERMINA'1'ION OF REPRESENTATIVES The T. W. 0. C. claims to represent a majority of the employees in the unit found appropriate. It did not offer proof of this claim at the hearing, however, and asked for an election by secret ballot. We find that an election by secret ballot will best resolve the question concerning representation. The parties stipulated at the hearing that the eligibility of employees to vote in an election should be deter- mined by the Company's consolidated pay roll for the period from August 5 to November 4, 1938, inclusive. The parties further agreed that employees who have voluntarily left the Company's employ or who have been discharged for cause since November 4, 1938, should be excluded. No reason appearing for departing from these eligi- bility provisions, we shall follow them in our Direction of Election. Upon the basis of the above findings of fact and 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 Sidney Blumenthal & Co., Inc., at its Shelton, Connecticut, plant, 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 Shelton plant, excluding clerical and supervisory employees, lead men, foremen, foreladies, watchmen, technical and professional employees, truck 112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD drivers, and mechanics, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virl uo of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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 of employees at the Shelton, Connecticut, plant of Sidney Blumenthal & Co., Inc., for the purposes of col- lective bargaining, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction of Election 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 all the production and maintenance em- ployees whose names appear on the Company's consolidated pay roll for the Shelton, Connecticut, plant from August 5 to November 4, 1938, inclusive, excluding clerical and supervisory employees, foremen, foreladies, watchmen, technical and professional employees, truck drivers, and mechanics, and all employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES May 12, 1939 On April 6, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. The Direction of Election provided that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction among all the production and maintenance employees of Sidney Blumenthal & Co., Inc., whose names appear on the Company's consolidated pay roll for the Shelton, Connecticut, plant from August 5 to November 4, 1938, inclusive, SIDNEY BLUNIENTHAL & CO., INC. 113 excluding clerical and supervisory employees, foremen, foreladies, watchmen, technical and professional employees, truck drivers, and mechanics, and all employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Organizing Committee, affiliated with the Con- gress of Industrial Organizations, for the purposes of collective bargaining. Pursuant to the Direction of Election, an election by secret ballot was conducted on April 19, 1939, under the direction and supervision of the Regional Director for the Second Region (New York City). On April 21, 1939, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 1, as amended, issued an Intermediate Report on the election, copies of which were duly served upon the parties. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote______________________________ 1,063 Total number of ballots cast ______________________________ 934 Total number of ballots counted-- _______________________ 916 Total number of votes in favor of Textile Workers Organiz- ing Committee , C. I. O_________________________________ 654 Total number of votes against afore-mentioned union -------- 262 Total number of blank votes ______________________________ 0 Total number of void ballots_______________________________ 1 Total number of challenged votes __________________________ 17 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that Textile Workers Organizing Commit- tee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the production and mainte- nance employees of Sidney Blumenthal & Co., Inc., excluding clerical and supervisory employees, foremen, foreladies, watchmen, technical and professional employees, truck drivers, and mechanics, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Textile Work- ers Organizing Committee, affiliated with the Congress of Industrial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 12 N L. R. B., No. 13a.