M. Kutz Co.

In the Matter of M. KuTZ COMPANY and UNITED HATTERS, CAP MILLINERY WORKERS INTERNATIONAL UNION Case No. R-1657.Decided January 23, 1940 Ladies Hat Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees : employer refuses to recognize union unless it furnishes satisfactory evidence of its majority representation ;. controversy concerning appropriate unit and classification of certain em- ployees-Unit Appropriate for Collective Bargaining: production employees,, including all blockers, trimmers, operators, and cutters, but excluding all super- visory, clerical, and shipping-department employees, designers, floorgirls, floor boys, elevator boys, porters, maids, and salesmen-Election Ordered Mr. John McBee, for the Board. Mr. George Westmoreland and Mr. John L. Westmoreland. of Atlanta, Ga., for the Company. Mr. Joseph Jacobs, of Atlanta, Ga., for the United. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 24, 1939, United Hatters, Cap & Millinery Workers. International Union, herein called the United, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of M. Kutz Company, Atlanta, Georgia, 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 November 25, 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 November 28, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the 19 N. L. R. B., No. 84. 283030-41-vol. 10-50 773 774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United. Pursuant to notice a hearing was held on December 7 and 8, 1939, at Atlanta, Georgia, before E. G. Smith, the Trial Examiner duly designated by the Board. The Board, the Company, 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 upon 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 evi- dence. 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. THE BUSINESS OF THE COMPANY M. Kutz Company, a Georgia corporation, is engaged at its plant in Atlanta, Georgia, in the manufacture and sale of ladies' hats. In 1938 the Company purchased raw materials, consisting principally of felt bodies, straw braids, straws, ribbons, and supplies, valued at approximately $60,000, of which approximately 60 per cent were obtained from points outside the State of Georgia. During the same year, the Company manufactured hats valued at approximately $100,000, of which approximately 60 per cent were shipped to destina- tions outside the State of Georgia. The Company stipulated that it is engaged in interstate commerce. The Company employs approxi- mately 100 employees during its peak season and approximately 35 employees during its slack season. II. THE ORGANIZATION INVOLVED United Hatters, Cap & Millinery Workers International Union, is a labor organization affiliated with the American Federation of Labor, admitting to membership all production employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The United requested the Company to bargain with it as the exclu- sive representative of the Company's employees. The Company re- fused to bargain unless the United furnished satisfactory evidence of its majority representation. At the hearing the Company and United presented conflicting con- tentions concerning the appropriate bargaining unit. ' These facts are taken from an answer filed by the Company. AI. KUTZ COMPANY 775 The parties stipulated, and we find,' that a question has arisen con- cerning the 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 with foreign countries, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. TIIE APPROPRIATE UNIT The United contends that all production employees of the Company, including blockers, .operators, trimmers, and cutters, but excluding supervisory, clerical, and shipping-department employees, designers, floorgirls, floorboys, elevator boys, porters, maids, and salesmen, con- stitute a unit appropriate for the purpose of collective bargaining. The Company contends that the appropriate unit consists of all its employees, with the exception of five officials of the Company. In accordance with our usual practice we shall exclude supervisory and clerical employees. The remaining categories, listed above, whose exclusion is requested by the United, comprise employees whose duties are not directly related to production. At the request of the only labor organization involved we shall exclude them also.2 At the hearing questions arose as to the classification of certain employees. The United contends that four employees, Pearl Askew, M. Pearce, M. Heyser, and W. Preston, are designers. The Com- pany contends that they are trimmers. These four employees design all the new hat models for the Company and after production com- mences assist in the trimming operation. They also perform certain supervisory duties. Unlike the regular trimmers who are paid by the piece, these four employees are paid weekly salaries. We shall exclude them from the unit. The United claims that Rudolph Schroetnig should be excluded from the unit because he is a supervisory employee. The Company desires -to include him in the unit. Although Schroetnig works as a blocker, he is also in charge of the blocking department and exercises supervision over about 16 employees. We shall exclude him as a supervisory employee. 2 Matter of Standard Hat Company and United Batters, Cap & Millinery Workers Inter. national Union . 17 N. L. R. B. 883. 776 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The United also claims that E. Williamson, C. F. Foster, Dot. Slater, and Dora Hammond are non-production employees. The, Company contends that they are production employees. Williamson cuts the ribbons and trimmings for the hats and assembles them on the unfinished hats, which are then finished by the trimmers. Her duties are a part of production. We shall include her in the unit. Foster and Slater work in the supply room and Hammond distributes. hats to production employees. We shall exclude them as non-pro- duction employees. We find that the Company's production employees, including E.. Williamson and all blockers, trimmers, operators, and cutters, but excluding Pearl Askew, M. Pearce, M. Heyser, W. Preston, Rudolph Schroetnig, C. F. Foster, Dot Slater, Dora Hammond, and all super- visory, clerical, and shipping-department employees, designers, floor- girls, floorboys, elevator boys, porters, maids, and salesmen, consti- tute a unit appropriate for the purposes of collective bargaining, and- that said unit will insure to employees of the Company the full bene- fit of the right to self-organization and to collective bargaining and. otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The United claims to represent a majority of the employees of the. Company within the unit which we have found to be appropriate. At the hearing, although the United introduced into evidence the membership cards of 52 employees of the Company, both the United and the Company requested that an election be held. We find that the question which has arisen concerning the representation of` employees of the Company can best be resolved by an election by secret ballot. 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 M. Kutz Company, Atlanta, Georgia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production employees of the Company, including E. Wil-- ]iamson and all blockers, trimmers, operators, and cutters, but exclud- ing Pearl Askew, M. Pearce, M. Heyser, W. Preston, Rudolph Schroetnig, C. F. Foster, Dot Slater, Dora Hammond, and all super- visory, clerical, and shipping-department employees, designers, floor-- girls, floorboys, elevator boys, porters, maids, and salesmen, constitute, M. KUT'Z COMPANY 777 :a. unit appropriate for the purposes of collective bargaining, 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with M. Kutz Company, Atlanta, Georgia, 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 of Election, under the direc- tion and supervision, of the Regional Director for the Tenth 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 employees of M. Kutz Company who were employed by the Company during the pay-roll period last preceding the date of this Direction of Election, including E. Williamson and all blockers, trimmers, operators, cutters, employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding Pearl Askew, M. Pearce, M. Heyser, W. Preston, Rudolph Schroetnig, C. F. Foster, Dot Slater, Dora Hammond, and all super- visory, clerical, and shipping-department employees, designers, floor- girls, floorboys, elevator boys, porters, maids, salesmen, and any em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Hatters, Cap & Millinery Workers International Union, affiliated with the Ameri- can Federation of Labor, for the purposes of collective bargaining.