Home Manufacturing Co.

In the Matter of HOME MANUFACTURING COMPANY and INTERNA- TIONAL LADIES GARMENT WORKERS UNION, LOCAL 120, A. F. OF L. Case No. R-1968.-Decided August 21, 1940 Jurisdiction : garment manufacturing industry. Investigation and Certification of Representatives : existence of question: dispute as to appropriate unit; refusal to accord recognition to union; election necessary. Temporary employees not presently employed held ineligible to vote because of their general unavailability. Unit Appropriate for Collective Bargaining : all employees listed on specified pay roll with specific exclusions; stipulation as to. Mr. R. S. Brown, of Fairfield, Ill. and Mr. J. T. Whitley, of Decatur, Ill., for the Company. Mr. Harold W. Schwartz and Mr. Harry Rufer, of Chicago, Ill., for the Union. Mr. Norman M. Neel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 25, 1940, International Ladies Garment Workers Union, Local 120, A. F. of L., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Home Manufacturing Company, Decatur, Illinois, herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 20, 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 22, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to the notice, a hearing was held on July 30, 1940, 26 N. L. R. B., No. 96. 916 HOME MANUFACTURING COMPANY 917 at Decatur, Illinois, before Stephen M. Reynolds, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated in the hearing. Full oppor- tunity 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. THE BUSINESS OF THE COMPANY The Company is an Illinois corporation having its principal offices and plant in Decatur, Illinois, and maintaining sales offices in Chicago, Illinois, and New York City. It is engaged in the manufacture, sale, and distribution of ladies' dresses. The principal raw materials used by the Company are yard goods and trimmings valued in excess of $50,000 annually, of which over 50 per cent are shipped to the factory from places outside the State of Illinois. Sales of the finished products manufactured by the Company exceed $100,000 annually, of which over 50 per cent are shipped to places outside the State of Illinois. II. THE ORGANIZATION INVOLVED International Ladies Garment Workers Union, Local 120, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership production workers of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about June 19, 1940, the Union requested recognition by the Company as the exclusive bargaining representative for the produc- tion workers in the Decatur plant with certain exclusions. The Company refused such recognition for the reason that it did not con- sider the Union's designation of the unit to be a proper one, and also because it desired an election by secret ballot to determine the Union's majority status. We find that a question has arisen concerning 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 32 34 2 9-42-v of 26 5 --9 918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, the parties stipulated that, with certain exclusions, the pay roll of June 29, 1940, and two specifically named persons in addition, should constitute a unit appropriate for the purposes of collective bargaining. The stipulation named 10 persons with respect to whose exclusion the parties were in agreement and specifically left for the Board's determination the names of 6 persons designated on the payroll as "Dept. Forelady and Instructor." The duties of these six, Pearl Moran, Grace Winholts, Carmin Masterson, Lorene Houseworth, Helen Tanzyus, and Clara Sweitzer, are similar, and we shall consider them as a group. In general, they pass out work and instruct the girls in the performance of novel intricacies of their duties, check the time on their work, receive and convey to higher supervisory employees complaints on time, and, maintain simple surveillance over the work in their respective depart- ments. In addition, they perform occasional duties in connection with the operations of their departments and assist in the movement of unfinished products from one department to another. Their duties are supervisory in nature and we shall exclude them from the unit.' We find that all employees occupying positions listed on the Com- pany's pay roll of June 29, 1940, including Leona Mundwiler and Helen Koscessa but excepting persons occupying positions similar to those occupied by employees who are herein specifically excluded,2 con- stitute 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 There was adduced in evidence a report of the Regional Director showing a substantial union membership . We find that the question 1 See Matter of May Knitting Company , Inc., and United Wholesale and Warehouse Employees of Neu, York, Local No 65 , C I 0, 11 N L. It. B . 772, and decisions therein cited Evelyn Salefski, likewise designated on the pay roll as "Dept Forelady & Instructor," was included in the unit by stipulation Since the nature of her duties is not disclosed in the record , we shall include her in the unit in accordance with the desire of the parties In the event, however, that her ballot is challeng- ed at the election which we shall order, and it is shown that her duties are similar to the duties of the other six employees similarly classified , her vote will not be counted and she shall be excluded from the unit. 2 Excluded by the stipulation of the parties, which we adopt, are John Braden, janitor, Esther Chodot, office clerical, Joe Fisher , machinist maintenance , Lester Geer, machinist maintenance , Harry Hommon, cutting-room foreman , John McEvoy , owner and general manager , Frances Post, designer , Rose Reid, machine-room forelady, Frank Roche, office-factory superintendent , Barbara Rubicani , office paymaster. In addition, we have excluded the six department foreladies and instructors. HOME MANUFACTURING COMPANY 919 concerning representation can best be resolved by the holding of an election by secret ballot. The Union contends that all persons temporarily laid off should be entitled to participate in the selection of representatives. There occurs at the Company's plant a seasonal increase in employment during the period from March through the month of June. After a lull during the month of July, employment again increases during August and the first half of September. 'In the past, it has been the Company's policy to keep a list of competent persons who are laid off at the end of rush seasons and to attempt to secure their services again when the needs of the business so require. According to the Company, however, few of such temporary employees are available during subsequent seasons, since they secure more permanent em- ployment elsewhere. As a consequence, recurrence of individual, temporary employment is infrequent. Under these circumstances we are of the opinion that temporary employees not presently em- ployed should not be entitled to participate in the selection of representatives. As determinative of eligibility to vote we shall adopt a current pay roll and direct that all persons in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vaca- tion, but excluding those who have since quit or been discharged for cause, shall be eligible to vote in the 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 Home Manufacturing Company, Decatur, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees occupying positions listed on the Company's pay roll of June 29, 1940, including Leona Mundwiler and Helen Koscessa but excepting those occupying positions similar to those occupied by employees specifically excluded, constitute a unit appropriate for the purpose 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Home Manufacturing Company, Decatur, Illinois, 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 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 Regulations, among all employees in the Company 's Decatur plant who occupy positions listed on the pay roll of June 29 , 1940, except those occupy- ing positions similar to those occupied by employees herein specifically excluded, whose names appear on the Company's pay roll for the period immediately preceding the date of this Direction of Election, including Leona Mundwiler and Helen Koscessa, and those employees who were sick , on vacation, or temporarily laid off during such pay- roll period, but excluding those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Ladies Garment Workers Union , Local 120, A. F. of L., for the purposes of collective bargaining.