Gross Galesburg Co.

In the Matter of GROSS GALESBURG Co.' and AMALGAMATED CLOTHING WORKERS OF AMERICA Case No. R-1529.-Decided September 27, 1939 Clothing Manufacturing Industry-Investigation of Representatives: question concerning representatives : Company refused to recognize one of two competing unions as exclusive representative-Contract: no bar to investigation because it did not clearly provide for exclusive bargaining , and the last extension of the contract had been in effect for a year-Unit Appropriate for Collective Bar- gaining: production and maintenance employees including the porter and machin- ists but excluding foreladies, supervisors and superintendents , office employees, salesmen , watchmen , and the head machinist : stipulation as to all but ma- chinists and porter and they are included in unit by Direction of Board because their duties require them to engage to some extent in production .Election Ordered Mr. Stephen M. Reynolds, for the Board. Neagle cQc West, by Mr. Richard J. Neagle and Mr. Joseph E. West, of Galesburg, Ill., for the Company. Mr. Leon M. Desprles, of Chicago, Ill., and Mr. Vernon L. Dale, of Muscatine, Iowa,. for the Amalgamated. Mr. James E. Davis and Miss Madge King, of Galesburg, Ill., and Mr. George C. Slater, of Chicago, Ill., for the United. Mr. Edward Scheunemann, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 15, 1939, Amalgamated Clothing Workers of America, herein called the Amalgamated, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Gross Galesburg.Co., Galesburg, Illinois, herein called the Company, and requesting an investigation and certification of representatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 5, IIncorrectly designated in the pleadings as Gross-Galesburg Company. The pleadings were corrected by motion at the hearing. 15 N. L. R. B., No. 74. 716 GROSS GALESBURG CO. 717 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 Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 11, 1939, the Regional Director issued a, notice of hear- ing, copies of which were duly served upon the Company, the Amalgamated, and United Garment Workers of America, Local 243, herein called the United, a labor organization claiming to repre- sent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on August 23, 1939, at Galesburg, Illinois, before Joseph F. Keirnan, the Trial Examiner duly desig- nated by the Board. The Board, the Company, the Amalgamated, and the United were represented by counsel and 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 I. BUSINESS OF TIIE COMPANY Gross Galesburg Co. is an Illinois corporation, having its office and principal place of business at 152-162 East Ferris Street, Galesburg, Illinois. The Company is engaged in the manufacture and sale of work clothing and has approximately 265 employees. Almost 100 per cent of all raw materials used, amounting in value each year to $500,000, are shipped from States other than Illinois. During 1938 the Company's gross sales were $1,000,000, of which 75 per cent were sold outside of Illinois. II. THE ORGANIZATIONS INVOLVED Amalgamated Clothing Workers of America is a labor organiza- tion affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. United Garment Workers of America, Local No. 243, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. 718 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION On March 9, 1939, the Amalgamated requested the Company to recognize it for bargaining purposes. The Company refused on the grounds that the United also claimed to be entitled to recognition and 'that it was uncertain which union represented a majority of the employees. At that time both unions claimed a substantial' member- ship but neither submitted evidence to the Company that it repre- sented a majority. The Company had signed a contract with the United in May 1937 and had extended it orally in January 1938 and by memorandum agreement in October 1938. The last agreement extended the con- tract until wages and hours were fixed for the Company under the Fair Labor Standards Act.' The contract does not clearly provide for exclusive bargaining with the United.8 Further, the contract, as extended, is of indefinite duration and by the time a certification of representatives can be issued by the Board the extension will have been in effect for almost a year.4 Under the circumstances, the con- tract does not bar our investigation of representatives. We find that a question has arisen concerning 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 tends to lead to labor disputes burdening and obstructing commerce or the free flow of commerce. V. THE APPROPRIATE UNIT The Unions agreed at the hearing that the appropriate unit should include all employees of the- Company except foreladies, supervisors, superintendents, officers and office employees, salesmen, watchmen, and the head machinist. The Amalgamated contended that the three Ina- chinists (not including the head machinist) and the porter employed 2 Wages and hours for the cotton garment industry in the Illinois region had not yet been fixed at the date of this Decision and Direction of Election. s The preamble recites that the contract is between the "United Garment Workers of America, Local 243 who are representatives of the manufacturing employees of Gross- Galesburg Co.," and the Company, but the Union is nowhere recognized as the sole bar- gaining agent in the body of the contract. 4 See Matter of Metro-Goldwyn-Mayer Studios and Motion Pictures Assn., et at. and Screen Writers Guild, Inc., 7 N. L. R. B. 662. GROSS GALESBURG CO. 719 by the Company should also be included in the unit. The United contended that they should be excluded. The evidence shows that the machinists in addition to repairing machines, also cut banding to band the bibs and overalls and match bundles of clothing to prepare them for sewing, thus engaging to some extent in production. The porter, in addition to keeping the building clean and running the elevator carries the materials from one part of the plant to another. The Company's pay roll in evidence, reveals that employees no more closely related to the production process than the machinists and the porter are included. in the agreed unit. Neither the porter nor the machinists will be able to derive the benefits of collective bargaining unless they are included within the unit. Under the circumstances, we find they should be included. We find that all production and maintenance employees of the Company, including the porter and the machinists, other than the head machinist, but excluding foreladies, supervisors and super- intendents, office -employees, salesmen, watchmen, and the head ma- chinist constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining, and otherwise effectuate the policies of the Act. I VI. TILE DETERMINATION OF REPRESENTATIVES Although both Unions claimed to represent a majority of the em- ployees in the appropriate unit, neither Union at the hearing pre- sented convincing evidence that it had been designated by a majority of such employees., , Under the circumstances the question concer'nirig representation which has arisen can best be resolved by an election by secret ballot. We shall direct that such an election be held. Those employees of the Company in the appropriate unit who were employed during the pay-roll period last preceding this Direction, excluding any who have since quit or been discharged for cause, shall be eligible to vote. Upon the basis of the above findings of fact and 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 Gross Galesburg Co., Galesburg, 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 including the porter and the machinists, other than the head ma- 720 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chinist, but excluding foreladies, supervisors and superintendents, office employees, salesmen, watchmen, and the head machinist, constitute a unit appropriate for the purposes of collective bar- gaining, 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as a part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bar- gaining with Gross Galesburg Co., Galesburg, Illinois, an elec- tion 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regu- lations, among the production and maintenance. employees of Gross Galesburg Co. who were employed during the pay-roll period last preceding the date of this Direction of Election, including the porter and the machinists, other than the head machinist, any employees who did not work during that period because they were ill or on vacation, and any who were then or have since been temporarily laid off, but excluding foreladies, supervisors and superintendents, office employees, salesmen, watchmen, and the head machinist, and any employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented by Amalgamated Clothing Workers of America, by United Garment Workers of America, Local 243, affiliated with the, American Federation of Labor, or by neither, for the purposes of collective bargaining.