A. D. Juilliard & Co., Inc.

In the Matter of A. D. JIIILLIARD & Co., INC. and FEDERATION OF WOOLEN AND WORSTED WORKERS OF AMERICA, U. T. W. A., AFFILIATED wITH THE A. F. OF L. . Case No. R- 595.Decided July 14, 1941 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by Board ; contract not asset ted as a bar ; eligibility to be determined from two consecutive pay-roll periods ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, watchmen, and truck drivers, excluding executives, superintendents, assistant superintendents, overseers, and general office employees ; agreement to. Mr. D. R. Dimick, for the Board. Mr. Henry Klein, of New York City, for the Company. Mr. Henry M. Katz, of New York City, for the U. T. W. A. Mr. David Jaffe, of New York City, for the T. W. U. A. Mr. Marvin C. Wald, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 1, 1940, Federation of Woolen and Worsted Workers of America, U. T. W. A., affiliated with the A. F. of L., herein called the U. T. W. A., filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of A. D. Juilliard & Co., Inc., Stottville, New York, 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 Rela- tions Board, herein called the Board, acting pursuant to Section 9 (c). of the Act and Article III, Section 3, of National Labor R3lations Board Rules and Regulations-Series 2, as amended, ordered an inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 19, 1941, 33 N. L. R. B., No. 80. 437 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the U. T. W. A., and Textile Workers Union of America, C. I. 0., herein called the T. W. U. A., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on May 27, 1941, at Stott- Ville, New York, before Gustaf B. Erickson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. T. W. A., and the T. W. U. A. were represented by counsel and par- ticipated 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. During the course of the hearing the Trial Examiner made various rulings on motions and on objec- tions 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. After the hearing T. W. U. A. filed with the Board a motion to dismiss the petition on the ground that the U. T. W. A. had made no showing of current representation. The motion is hereby denied.- On June 9, 1941, T. W. U. A. filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY A. D. Juilliard & Co., Inc., is a Delaware corporation having its principal office at New York City. It owns and operates a number of factories and plants throughout the country. At its plant located at Stottville, New York, the only plant with which this case is con- cerned, the Company manufactures and distributes wool and textiles. The principal raw materials which it uses are wool, cotton, silk, and rayon. In 1940' the Company purchased raw materials valued in excess of $2,000,000, 75 per cent of which was shipped from points outside of New York. Thirty-five per cent of its products valued at more than $2,300,000, was sold and shipped outside of the State of New York. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Federation of Woolen and Worsted Workers of America, U. T. W. A., affiliated with the American Federation of Labor, is a labor organization which, admits to membership employees of the Company. 3 See Section III, infra. A. D..JUILLIARD & C0., INC. 439 . Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, is a labor organization which also admits to membership employees of the Company. iir. THE QUESTION CONCERNING REPRESENTATION On September 25, 1940, U. T. W. A. wrote a letter to the Company requesting that the Company hold a conference with it for the pur- poses of adjusting several alleged grievances and of consummating a collective bargaining agreement. On September 27, 1940, the Com- pany replied that it would not recognize the U. T. W. A. as the col- lective bargaining representative of its employees because of an existing agreement between the Company and the T. W. U. A. The Company further stated ' that it intended to abide by the existing agreement until the Board certified a different representative. Following a consent election on August 10, 1939, which T. W. U. A. won,2 the Company entered into an agreement with T. W. U. A., dated February 21, 1940. The agreement does not contain a closed- shop provision. It provides that it shall continue in force until August 25, 1941, and from year to year thereafter unless terminated or modified by either party on 60 days' written notice to the other party. At the time of the hearing neither party had given notice of intention to terminate or modify the agreement.3 No claim is made that the contract constitutes a bar to an investigation and determination of representatives.4 A statement by the Regional Director was introduced in evidence and shows that U. T. W. A. represents a substantial number of the employees in the unit which is alleged to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. 'The result of that election was as follows : Total number eligible to vote_________________________________________ 709 Total number of ballots counted____ ___________________________________ 699 Total number of votes in favor of U. T. W. A____________________________ 332 Total number of votes in favor of T. W. U. A____________________________ 364 'Matter of The American Coach & Body Co. and International Union, United Automobile Workers of America, Local 755 ( C. I. 0.), 28 N. L. R. B 508. 4Matter of Buffalo Pipe & Foundry Corporation and The Indeliendent Sanitary Iron Moulders Union, 26 N. L. R. B. 848. 8 The evidence submitted to the Regional Director consisted of (1) 324 application cards dated between July 1 and July 31 , 1939, bearing signatures which appeared to be genuine. Of this number 251 bear names which appear on the Company's May 17 , 1941, pay roll, which contains 789 employees in all . (2) Duplicate sheets of the local day book of U. T. W. A. for the period immediately following the filing of the petition, showing alleged dues payments for September and October 1940, containing 380 names, 334 of which appear on said May 17, 1941, pay roll. T. W. U. A. submitted no evidence to show its representa- tion but relied upon its contract with the Company. T. W. U. A. objected to the Regional Director 's statement on the grounds that the evidence which the petitioner submitted to the Regional Director failed to indicate current represen- tation and was fraudulent . The Trial Examiner did not permit the T. W. U. A. to adduce evidence or subpena witnesses to support these contentions. His ruling is affirmed. 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 parties agreed, and we find, that all production and maintenance employees, watchmen, and truck drivers of the Company, excluding executives, superintendents, assistant superintendents, overseers, and general office employees, constitute a unit appropriate for the pur- poses of collective bargaining.(' We find further 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 effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. U. T. W. A. and T. W. U. A. agreed that, in the event of an election, a current pay roll be used. The Company took no position as to the pay-roll date, but requests that eligibility of employees to vote be determined by two consecutive pay-roll periods because regular production employees are rotated each week during slack, seasons. Under such circumstances, we shall direct that the employees of the Company eligible to vote in the election shall be the employees within the appropriate unit, who were employed during one or the other of two consecutive pay-roll periods immediately preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction of Election. U. T. W. A. and T. W. U. A. desire that temporary employees, who have been hired by the Company since March 15,1941, for the seasonal period while production was at a peak, be ineligible to vote. The Company takes no position as to their eligibility. We shall not per- mit them to vote at the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : "The agreement between T. W. U. A. and the Company , dated February 21, 1940 , covers the employees in this unit. A. D. JUILLIARD & CO., INC. 441 CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of A. D. Juilliard & Co., Inc., Stottville, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees, watchmen, and truck drivers of the Company, excluding executives, superintendents, assist- ant superintendents, overseers, and general, office employees, 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, 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 A. D. Juilliard & Co., Inc., Stottville, New York, 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 Second 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 and maintenance em- ployees, watchmen, and truck drivers of A. D. Juilliard & Co., Inc., Stottville, New York, who were employed by the Company during one or the other of the two consecutive pay-roll periods immediately preceding the date of this Direction of Election, including any em- ployees who did not work during such pay-roll periods because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding temporary employees, executives, superintendents, assistant superintendents, overseers, and general office employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Federation of Woolen and Worsted Workers of America, U. T. W. A., affiliated with the A. F. of L., or Textile Workers Union of America, affiliated with the C. 11. 0., for the purposes of collective bargaining, or by neither.