Pendleton Woolen Mills Garment Factory

In the Matter of PENDLETON WOOLEN MILLS GARMENT FACTORY and AMALGAMATED CLOTHING WORKERS OF AMERICA, C. I. O. Case No. R-1967.-Decided August 16, 1940 Jurisdiction : garment manufacturing industry. Investigation and Certification of Representatives : existence of question con- flicting claims of rival representatives; refusal to accord recognition to either union; election necessary. Unit Appropriate for Collective Bargaining : production employees excluding office and supervisory employees. Maguire, Shields & Morrison, by Mr. Robert F. Maguire and Mr. Donald K. Grant, of Portland, Ore., for the Company. Mr. Douglas B. Anderson, of Portland, Ore., for the Amalgamated. Mr. Chris Boesen, of Portland, Ore., for the United. Mr. Stanley D. Metzger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 21, 1940, Amalgamated Clothing Workers of America, C. 1. 0., herein called the Amalgamated, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a peti- tion, and on July 12, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Pendleton Woolen Mills Garment Factory, Portland, Oregon, 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 July 16, 1940, 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, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 18, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Amal- gamated, and upon United Garment Workers of America, Local 26 N. L. R. B., No. 74. 721 722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD No. 228, affiliated with the American Federation of Labor, herein called the United, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 29, 1940, at Portland, Oregon, before Thomas P. Graham, Jr., the Trial Examiner duly designated, by the. Board. The Company and the United were represented by counsel, and the Amalgamated by its representative; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded allparties. At the hearing the Company, filed, an "answer to amended petition" with the Trial Examiner. During the course of the hearing the Trial Examiner made several rulings with respect to the admission of evidence, The Board has reviewed the rulings of the Trial Exam- iner 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 Pendleton Woolen Mills Garment Factory is a partnership of Robert C. Bishop and Charles C. Bishop, doing business at Portland, Oregon, where it is engaged in the manufacture of flannel shirts and robes, and rough, outdoor garments: made of woolen fabrics. All of its raw materials, consisting of, approximately $275,000 worth of woolen fabrics annually, are shipped to it from points outside the State of Oregon. Approximately 80'per cent of'its finished products arc shipped to 'points outside the'State of Oregon'. At 'the 'hearing the 'Company admitted' that it' is engaged in 'iritei'statc' commerce within the meaning' of the Act. II. THE ORGANIZATIONS INVOLVED Amalgamated 1 Clothing Workers of America,' affiliated with ' the Congress of Industrial Organizations,' is a labor organization admit= ting to its 'membership production employees of the' Company. United Garment Workers of America, Local No. 228; affiliated with the American Federation'of Labor, is a labor organization admitting to its membership production' employees of the' Company.' III. THE QUESTION CONCERNING REPRESENTATION , Both the Amalgamated- and the, United informed the 'Company that each represented a majority. of its employees, and -each requested recognition as the sole bargaining agency for 'the employees' of. the Company. The Company refused such .recognition to' either labor organization because of its lack of knowledge as to whether either represented a majority of its employees. PENDLETON ' WOOLEN MILLS GARMENT FACTORY 723 A report by a Field Examiner of the Board with respect to the representation claims of the Amalgamated and the United was intro- duced into evidence Iat the hearing. The report, which was based on membership' authorization cards submitted by the Amalgamated rind the United, shows that'each union represents a,substantial num- ber of employees of the Company. 'We find that `a question Chas arisen concerning 'the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE e E We find that the question concerning representation which has arisen, "occlirrilig in connection with the operations of the Coin- pany` described iii' Section I above`, • ha's' a close,' intimate, and sub- stantial 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 the parties stipulated that all production employees of'the Company; excluding office and,supervisory employees, consti-, tute an appropriate bargaining unit.. We see no reason to alter the unit agreed upon. , We ' find that all production, employees, of the Company, at its Portland, Oregon, factory,,excluding'office and supervisory employees, constitute a unit appropriate for purposes of collective bargaining and `that such '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. `ZHE DETERMINATION OF REPRESENTATIVES Both the Amalgamated and the United requested an election to determine the,question concerning representation. We find that the question, concerning the representation of employees of the Company can best be resolved,by an election by secret ballot. We shall direct, that those eligible to vote shall be the employees in ;the appropriate unit whose names,appear upon the Company's, pay roll immediately preceding the date of this Direction of Elec- tion, including any employees who did not work during said pay-roll period because they were ill or on vacation; and employees'who were then or have since been temporarily'laid• off, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Pendleton Woolen Mills Garment Factory, Portland, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company at its Portland, Oregon, factory, excluding office and supervisory employees, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b), of the 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, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Pendleton Woolen Mills Garment Factory, Port- land, Oregon, 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 of Election, under the direction and supervision of the Regional Director for the Nineteenth 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 production employees of Pendleton Woolen Mills Garment Factory, Portland, Oregon, whose names appear upon the Company's pay roll immediately preceding the date of this Direction of Election, includ- ing any employees who did not work during said pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding office and supervisory employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Amalgamated Clothing Workers of America, affiliated with the Congress of Industrial Organizations, or by United Garment Workers of America, Local No. 228, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. MR. EDWIN S. SMITH took rio part in the, consideration of the above Decision and Direction of Election.