Simplicity Pattern Co., Inc.

In the Matter of SIMPLICITY PATTERN COMPANY, INC. and INTER- NATIONAL BROTHERHOOD OF BooimiNDERs Case No. R-17320.-Decided March. 11, 1940 Pattern Manufacturing and Fashion Forecast Publication Indiistry-Iauestt- gatson , of Representatives : controversy concerning representation of employees: rival organizations ; refusal by employer to contract with petitioning union in view of conflicting claims of majority designation-Contract: terminable on 30 days' written notice by either party ; no bar to investigation of representa- tives-Unit Appropriate for Collective Bargaining: production and office em- ployees at Niles, Michigan, plant, excepting those in the pressroom, cutting room, composing room, the photoengraving and stereotype departments now under contract with A. F. of L. printing-trade unions, and excluding all employ- ees in a supervisory or managerial capacity; agreement as to-Election Ordercd Mr. Arthur C. O'Connor, for the Board. Burns d Hadsell, by Mr. Wilber N. Burns, of Niles, Mich., for the Company. Mr. George G. Keller, of Niles, Mich., for the Independent. Mr. Joseph L. Bryan, of Lombard, Ill., for the Bookbinders Union. Mr. Robert F. Koretr, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 9, 1939, International Brotherhood of Bookbinders, herein called-the Bookbinders Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Simplicity Pattern Company, Inc.,' Niles, Michi- gan, 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 January 8, 1940, the National Labor Relations Board, herein 'Designated Simplicity Pattern Company in the petition and other formal papers At the hearing the Trial Examiner granted without objection a motion to state correctly the Company's name 21 N L.R.B, No 46 499 500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 February 9, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the Bookbinders Union, and upon Independent Association of Pattern Makers, Inc., herein called the Independent, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on February 15, 1940, at Niles, Michigan, before John T. Lindsay, the Trial Examiner duly designated by the Board. The Board, the Company, and the Inde- pendent were represented by counsel; the Bookbinders Union was represented by a duly authorized representative. All parties par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence hearing upon the issues was afforded all parties. Upon the basis of the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Simplicity Pattern Company, Inc., a New York corporation with its principal office and place of business in New York City, is en- gaged in manufacturing paper dress patterns and printing publica- tions at its Niles, Michigan, plant, herein called the Niles plant, which is involved in these proceedings. During 1939 the gross value of the Company's purchases and shipments of raw materials from points outside the State of Michigan to the Niles plant was approxi- mately $600,000, which constituted approximately 60 per cent of the gross value of all raw materials purchased and shipped to this plant. During this period the gross value of the Company's sales and ship- ments of finished products manufactured at the Niles plant and shipped to points outside the State of Michigan was approximately $5,000,000, which constituted approximately 95 per cent of the gross value of the Company's sales at this plant. The Company stipulated that it is engaged in interstate commerce within the meaning of the Act.' 2 Other facts concerning the nature of the Company' s business , as stipulated by the Company in the instant proceedings, are substantially the same as those appealing In Matte, of Simplicity Pattern Company, Inc, a Corporation and Local 92, International Union, United Automobile Workers of America,, et at , 16 N. L R B 291, in which the Board concluded that it had jurisdiction over the Company's operations at the Niles plant. SIMPLICITY PATTERN COMPANY, INC. 501 Approximately 460 persons were employed at the Niles plant at the time of the hearing. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Bookbinders, affiliated with the American Federation of Labor, and Independent Association of Pattern Makers, Inc., are labor organizations, admitting to mem- bership employees of the Company at its Niles plant. III. THE QUESTION CONCERNING REPRESENTATION On December 1, 1937, the Regional Director for the Seventh Region, acting pursuant to an agreement between the Company, the Independent, and Local 92, International Union, United Automobile Workers of America, conducted an election by secret ballot among certain of the office and production employees of the Company. On or about December 3, 1937, the Regional Director certified that the Independent had received a majority of the votes cast by said em- ployees. On January 31, 1938, the Company and the Independent entered into an exclusive bargaining contract to terminate January 31, 1939, covering employees in the unit which the parties herein have agreed is appropriate for the purposes of collective bargaining.3 On January 31, 1939, the Company and the Independent entered into a closed-shop contract covering the same classifications of employees. The latter contract by its terms was to be effective until January 31, 1940, and thereafter until 30 days' written notice of termination was given by either party. During November 1939, the Bookbinders Union started to organize employees in the unit which the parties herein have agreed is ap- propriate for the purposes of collective bargaining. Thereafter, representatives of the Bookbinders Union and the Company met to discuss the negotiation of a contract. The Bookbinders Union claimed that it had been designated by a majority of employees in the unit which- it claimed to be appropriate for the purposes of col- lective bargaining and demanded that the Company negotiate a con- tract. The Company stated that, in view of conflicting claims of majority designation by the Bookbinders Union and the Independent, it would not enter into a contract with the Bookbinders Union until the question of majority designation was determined by the Board. No contention was made at the hearing that the contract between the Independent and the Company precluded the existence of a 3In this collective bargaining agreement the Company recognized the Independent as the representative of office and production employees as defined in the consent election agreement referred to above. 283032-41-vol 21-33 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD question concerning representation. Manifestly the contract is no bar to a determination of representatives, since it has been in effect for more than a year, and may now be terminated on 30 days' notice.' Moreover, as stated below in Section VI, all the parties desire that the Board conduct an election in the unit which they have agreed is appropriate. 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 and the free flow of commerce. V. THE APPROPRIATE UNIT The Bookbinders Union, the Independent, and the Company agreed that all production and office employees of the Company at the Niles plant excepting those in the pressroom, cutting room, composing room, the photoengraving and stereotype departments now under contract with the A. F. L. printing-trade unions,5 and excluding all employees in a supervisory or managerial capacity, constitute a unit appropriate for the purposes of collective bargaining. We find that all production and office employees of the Company at its Niles plant excepting those in the pressroom, cutting room, com- posing room, the photoengraving and stereotype departments now under contract with the A. F. L. printing-trade unions, and excluding all employees in a supervisory or managerial capacity, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing counsel for the Company stated that a representa- tive of the Bookbinders Union had exhibited cards to him "which 4 Hatter of The Kentucky Fire Bi acl, Company and Local No 510, United Brick d Clay Workers of America . 19 N L. R. B 532; Matter of North American Aviation, Inc. and United Antomobale Worl ers of America, Local No 228, C I 0 , 13 N L R B 1134. 5 The Company has contracts with the following printing-trade unions affiliated with the American Fedeiation of Labor. Niles Typographical Union , No. 467 ; Niles Photo Engraveis Union, Local 89, 1. P E U of N A , International Stereotypers and Electro- typers Union ; and Niles Printing Pressmen and Assistants Union, No 151. SIMPLICITY PATTERN COMPANY, INC. 503 represent membership in the Bookbinders Union of a substantial number of the employees in the production and office departments" at the Niles plant; that "a large number of the employees in the unit referred to are also members of the Independent" ; and that the Com- pany desired an election to resolve the question which had arisen concerning representation. Neither the Bookbinders Union nor the Independent offered any evidence concerning the extent of its mem- bership, and both organizations requested that the Board hold an election. We find that the question concerning representation which has arisen concerning the employees of the Company at its Niles plant can best be resolved by means of an election by secret ballot. • The parties agreed that, in the event an election was directed by the Board, eligibility to vote should be determined by the Company's pay roll for the period ending February 15, 1940. We construe the agreement to include as eligible to vote those employees who did not work during such pay-roll period because they were ill or on vacation, or who have since been temporarily laid off; and to exclude those employees who have since quit or been discharged for cause. As thus construed, we see no reason, in view of the recent date of the pay roll agreed upon, to depart from the wishes of the parties with respect to the determination of employees who shall be eligible to vote, and we shall direct accordingly. 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 Simplicity Pattern Company, Inc., Niles, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and office employees of the Company at its Niles plant excepting those in the pressroom, cutting room, composing room, the photoengraving and stereotype departments now under contract with the A. F. L. printing-trade unions, and excluding all employees in a supervisory or managerial capacity, constitute 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Simplicity Pattern Company, Inc., Niles, Michigan, an election by secret ballot 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 Seventh Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of said Rules and Regulations , among all production and office , employees of Sim- plicity Pattern Company, Inc., at its Niles, Michigan, plant except- ing those in the pressroom , cutting room, composing room, the photo- engraving and stereotype departments now under contract with the A. F. L. printing-trade unions, and excluding all employees in a supervisory or managerial capacity, who were listed on the pay roll of the Company for the pay-roll period ending February 15, 1940, including 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 employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Brotherhood of Book- binders, affiliated with the American Federation of Labor, or by Independent Association of Pattern Makers, Inc., for the purposes of collective bargaining, or by neither.