Sussex Hats, Inc.

In the Matter of SussEX HATS, INC. and UNITED HATTERS, CAP AND MILLINERY WORKERS INTERNATIONAL UNION LOCAL 88 (A. F. L.) Case No. R-2581.-Decided July 7, 1941 .Jurisdiction :. ladies' hat manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition; election necessary. Unit Appropriate for Collective Bargaining : all production employees of the Company, including shippers and packers, but excluding executives, foremen, foreladies, assistant foremen and assistant foreladies, designers, and main- tenance and clerical employees. Mr. Jacob E. Hurwitz, of New York City, for the Company. Mr. George Roewer, of Boston, Mass., for the United. Mr. Joseph C. Gill, of counsel to the Board. DECISION AND , DIRECTION OF ELECTION STATEMENT OF THE CASE On April 19, 1941, United Hatters, Cap and Millinery Workers International Union, Local 88 (A. F. L.), herein called the United, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of Sus- sex Hats, Inc., Holyoke, Massachusetts, 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 May. 9, 1941, 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 May 12, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the United. Pursuant to notice, a hearing was held on May 21, 1941, at Holyoke, 3.3 N. L. R. B., No. 33. 140 SUSSEX HATSI, PM. 141 Massachusetts, before Edward Schneider, the Trial Examiner duly designated by the Chief Trial Examiner. Both 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 on the issues was afforded all parties. At the hearing the, Company sought to introduce evidence to prove that the United was not a labor "organization within the meaning of the,Act, and in this connection further offered to prove by a letter, articles, and testimony that the United did not intend to bargain collectively for the Company's employees, but, instead, intended to force the Company to move its plant to New York City. This evidence was rejected by the Trial Examiner. During the course of the hearing, the Trial Examiner made various rulings on motions and on other objections to the admission of evidence. The Board has reviewed all the rulings of the Trial Examiner, and finds ''that no prejudicial errors were committed. The rulings are hereby affirmed. On June 18, 1941, the Company filed a motion.for a rehearing, for the purpose of affording the Company an opportunity to present evidence relating to the'matters covered by its offer of proof herein- above described. The Board, having considered the motion for re- hearing and the brief in. support thereof, affirms the ruling of the Trial Examiner in excluding such evidence and hereby denies the motion for rehearing. . Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Sussex Hats, Inc., a Massachusetts corporation, is engaged in the business of manufacturing ladies' hats at Holyoke, Massachusetts. - The Company also maintains a New York office. The principal raw materials used by.the Company are felt bodies, straw braids, ribbons, and flowers. During the year 1940 the Company's purchases amounted to over $100,000. Approximately 95 per cent of the raw materials purchased and used were received from places outside the State of Massachusetts. During this same period the Company sold over $200,000 worth of such products, approximately 95 per cent of which were shipped to destinations outside the State of Massachusetts. The Company stipulated at the hearing that it was engaged in interstate commerce. H. THE ORGANIZATION INVOLVED United Hatters, Cap and Millinery Workers International Union, Local 88, is a,labor organization affiliated with the American Federa- 142 DECISIONS OF NATIONAL LABOR -RELATIONS BOARD tion of Labor. It admits to its membership employees of the Company at its Holyoke, Massachusetts, plant. III. THE QUESTION CONCERNING REPRESENTATION The United requested the Company to recognize it as exclusive representative of the employees of the Company located at Holyoke, Massachusetts . The Company refused to recognize the United. A statement., of,-the Regional..Director, introduced --in evidence -at the hearing, shows that the United represents a substantial number of employees in the unit alleged to be appropriate.' 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, described in Section 1, 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 United contends that the appropriate unit consists of. all pro- duction employees of the Company at its Holyoke plant, including- packers and shippers, but excluding executives, foreman, foreladies, assistant foremen and assistant foreladies, designers, and maintenance and clerical employees. - The Company contends that the trimmers, stitchers, preparers, blockers, and sprayers should constitute the ap-' . propriate unit, and that the cutters, shippers, and straw operators, whom the United wants included in the unit, should be excluded from, the unit. The only dispute concerns the cutters, shippers, and straw operators. The cutters involved in this dispute,are engaged in cutting veils-.and . trimmings which are attached to, the hats. They are listed on the: pay-roll list as trimming cutters. The Company wants them excluded because it feels their inclusion in the unit may cause shrinkage and losses in materials . Shippers are engaged ' in packing and shipping. i A statement by the Regional Director recites that the United submitted to the Regional Director 93 membership cards. Ninety of these 93 cards appear to bear genuine original signatures, 85 of which appear on the Company's pay roll for the week ending April 19, 1941 , in the unit defined in the petition., Said pay roll showed a total of 150 employees in the specified unit. Of the-85 cards above referred to, 77 were dated in February, March, and April, 1941. SUSSEX HATS, • INC,. .143 the `hats, and they also perform a production operation called."hot- blocking." . The Company wants the shippers excluded from the unit because the shippers know the names of their customers . The straw operators are skilled workers engaged in sewing braids together to make the straw-hat bodies. The straw , operators work only 4 or 5 months a year, their work being seasonal . All the other employees of-the Company are employed the whole year. The Company seeks to exclude the straw .. operators because they are skilled workers who work-on-1v-4 or-5'months^a year.: The cutters, shippers, and straw operators are all engaged , at least in part, in production work. They are all eligible for membership in the United, are customarily organized by the United, and have manifested a desire to be represented by the United. We shall include them'in :the appropriate: unit. We find that all production employees of the Company , including shippers and packers, but excluding executives , foremen, foreladies, assistant foremen and assistant foreladies ; designers, and maintenance and clerical employees, 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. VIA"THE'^DETERMINATION ;.q REPRESENTATIVES We find that the question which has arisen concerning the represen- tation of employees of the Company can best be resolved by, and we shall accordingly direct, an election by secret ballot. The United re- quested that the eligibility of employees to vote be determined by the Company's pay roll for the week ending April 4, 1941,'because the seasonal employees are usually laid off around the middle of April. The Company took no position with respect to the eligibility date. We shall direct that all employees of the Company in the appropriate unit whose names appear on the Company's pay roll of April 4, 1941, subject to such limitations and additions as are set forth in the Direc- tion;'shall be eligible to vote in tl e election. 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 Sussex Hats, Inc., Holyoke, Massachusetts, 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, including packers and shippers, but excluding executives 'foremen, foreladies, assistant fore- 144 DECISIONS OF NATIONAL LABOR• RELATIONS BOARD men and assistant foreladies; designers, and'maintenance' and clericai employees, constitute a unit appropriate forthe 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, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for, purposes of collective bargaining with Sussex Hats, Inc., Holyoke , Massachusetts, an election by secret ballot shall be conducted as soon as possible, but not later than thirty (30) .days from the date of this. Direction , under the direction and super- vision of the Regional Director, for the First Region; .acting in this matter as agent for the National Labor Relations . Board, and subject to .Article III 5 Section 9, of said Rules and Regulations,. among all pro= duction employees of Sussex Hats; Inc., Holyoke , Massachusetts, who were employed by the Company . during : the pay-roll .period ending April 4, 1941, including packers and shippers, employees who did not work during said pay-roll period .because they were in or on vacation or in the active military service or training of the United States, or temporarily laid off ; but excluding' executives, foremen, foreladies. assistant foremen and assistant foreladies , designers, maintenance and clerical employees, and employees who have since quit or been dis- charged for cause, to determine whether-they desire'to be represented by United Hatters, Cap and Millinery Workers International Union, Local 88, affiliated with the American Federation of Labor for the pui poses of collective bargaining.