Bear Brand Hosiery Co.

In the Matter of BEAR BRAND HOSIERY COMPANY and UNITED TEXTILE WORKERS OF AMERICA, LOCAL 3564, AFFILIATED WITH THE A . F. of L. Case No. R-2895.-Decided, September 18, 1941 Jurisdiction : textile manufacturing industry. S Investigation and Certification of Representatives : existence of question. re- fusal of Company to accord union recognition until it is certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : separate units: ( 1) all production and maintenance employees paid on an hourly and piece-rate basis, including employees in the box and printing departments , but excluding supervisors, foremen, assistant foremen, office employees , factory clerks, time-study em- ployees, factory police and deputies , watchmen , truck drivers, and powerhouse employees ; and (2 ) powerhouse employees , excluding the chief engineer. Fyffe and Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Shapiro and Lauridsen, by Mr. Victor Lauridsen and Mr. Don Bruynell, of Kankakee, Ill., and Mr. Joseph A. Briegel, of Chicago, Ill., for the U. T. W. A. Mr. Howard A. Plank, of Chicago, Ill., for the Firemen. Mr. Dan M. Byrd, Jr., of counsel to the Board DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On July 22, 1941, United Textile Workers of America, Local 3564, affiliated with the A. F. of L., herein called the U. T W. A., filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Bear Brand Hosiery Com- pany,-Kankakee, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein, called the Act. On August 11, 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 35 N. L. R. B., No. 113. 500 BEAR BRAND HOSIERY COMPANY 501 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 August 12, 1941 , the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the U. T. W. A., and International Brotherhood of Firemen and Oilers, Local 296, affiliated with the American Federation of Labor, herein called the Firemen, a labor organization claiming to represent employees of the Company directly affected by the investigation . Pursuant to no- tice, a hearing was held on August 18 , 1941, at Kankakee , Illinois, be- fore Stephen N. Reynolds, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the U. T. W. A. were represented by counsel and the Firemen by an official representative. All parties participated in the hearing and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. 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 Bear Brand Hosiery Company, an Illinois corporation, operates three plants located, respectively, at Kankakee, Illinois, Gary, Indiana, and Henderson, Kentucky. At the Kankakee plant, the only one here involved, the Company is engaged in the spinning of cotton yarn and the knitting of circular and full-fashioned hosiery. During the year 1940, raw materials purchased 'by. the Company, for pro- cessing in the Kankakee plant, 'consisting' of raw cotton, silk and cotton yarn, nylon, and chemicals, amounted in value to approxi- mately $1,500,000, of which in excess of 90 per cent was purchased and shipped to the Kankakee plant from points outside the State of Illinois. During the same period the total receipts from sales of products manufactured at the Kankakee plant exceeded $4,000,000, of which approximately 85 per cent was received from sales of products delivered outside the State of Illinois. The receipts from the total sales of all the Company's plants during 1940 exceeded $6,000,000. 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED United Textile Workers of America, Local 3564, is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. International Brotherhood of Firemen and Oilers, Local 296, is a labor organization affiliated with the American Federation of Labor, admitting to membership powerhouse employees ' of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 6,• 1941, the U. T. W. A. informed the Company that it represented a majority of all employees at the Kankakee plant and requested a meeting for the purpose of collective bargaining. On August 11, 1941, the Company notified the U. T. W. A. that it would not recognize the U. T. W. A. in the absence of an election conducted by the Board. A statement of the Trial Examiner at the hearing shows that a substantial number of employees within the units hereinafter found to be appropriate have designated the U. T. W. A. and the Firemen, respectively, as their collective bargaining representative.' We find that a question affecting commerce 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 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. 'The Trial Examiner reported that the U. T. W A submitted 1450 application-for- membership cards, of which approximately 1400, all dated between May 1, 1941, and August 18, 1941, bore apparently genuine signatures . The Trial Examiner made a spot check of the 1400 cards with the Company 's pay roll for the period ending August 16, 1941, con- taining the names of 1833 production and maintenance employees , 18 powerhouse em- ployees, and 127 supervisory employees , watchmen , police, and other excluded classifica- tions. Based on the spot check, the Trial Examiner reported that in excess of 80 per cent of the 1400 cards bear the names of persons on the said pay roll. The Trial Examiner reported that the Firemen submitted 17 designation cards, dated August 4, 1941 , bearing apparently genuine signatures of 17 persons whose names appear on the Company's pay roll for the period ending August 16, 1941 . It appears that the employees in the power- house include 4 operators, 4 oilers, 4 firemen , 4 firemen helpers , and 2 powerhouse main- tenance men. BEAR BRAND HOSIERY COMPANY 503 V. THE APPROPRIATE UNITS A. The unit sought by the U. T. 1V. A. The U. T. W. A. contended at the hearing that all production and maintenance employees paid on an hourly and piece-rate basis, in- cluding employees in the box and printing department, but excluding supervisors, foremen, assistant foremen, office employees, factory clerks, time-study employees, factory police and deputies, watchmen, truck drivers, and powerhouse employees, constitute an appropriate unit. The Company did not oppose the inclusion of all production and maintenance employees paid on an hourly and piece-rate basis, including employees in the box and printing departments, and agreed that supervisors, foremen, assistant foremen, office employees, factory clerks, and time-study employees should be excluded from the appro- priate unit. It requested, however, that the Board determine whether factory police and deputies, watchmen, truck drivers, and power- house employees should be included or excluded from the Unit. The factory police and deputies employed by the Company patrol its premises, including the gates, which consist of several buildings occupying a solid block. Most of the deputies also have other duties as foremen. We are of the opinion that factory police and deputies should be excluded from the appropriate unit. The watchmen guard the Company's plant. They have no production duties and are not' eligible for membership in the U. T. W. A.. We shall also exclude them from the appropriate unit. The U. T. W. A. does not admit the truck drivers to membership since they are eligible for member- ship in another labor organization affiliated with the American Fed- eration of Labor. They will be excluded from the appropriate unit. For reasons stated in Section V-B below, we shall also exclude the powerhouse employees from the unit sought by the U. T. W. A. We find that all production and maintenance employees of the Company paid on an hourly and piece-rate basis, including employees in the box and printing departments, but excluding supervisors, fore- men, assistant foremen, office employees, factory clerks, time-study employees, factory police and deputies, watchmen, truck drivers, and powerhouse 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. B. The unit sought by the Firemen Although the U. T. W. A. stated at the hearing that the power- house employees should be excluded from the unit it claimed as 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appropriate, it had previously alleged in its petition that these em- ployees should be included in the unit. Shortly after the petition was i filed, however, 17 of the 18 powerhouse employees transferred their affiliation from the U. T. W. A. to the Firemen. Under these circumstances, the U. T. W. A. agreed to exclude the Firemen from the unit it claimed to be appropriate. The Firemen, in turn, con- tended at the hearing that the powerhouse employees, excluding the chief engineer, constitute a separate appropriate Unit .2 The Com- pany's powerhouse employees work in a separate building located 0 in about the center of the Company's other buildings. No other employees are housed in this building, except some general mainte- nance employees who have their headquarters there. Under all the circumstances, we find that the powerhouse employees of the Company, excluding the chief engineer, 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 We find that the question concerning representation which has .arisen can best be resolved by elections by secret ballot. 'At the hearing the U. T. W. A. expressed a preference for use of the Company's pay roll immediately preceding July 18, 1941, to deter- mine eligibility to vote in the election. The Company desires a current pay roll. We see no reason to depart from our usual proce- dure, and we shall, accordingly, direct that the employees eligible to vote in the respective elections shall be those in the respective appro- priate units whose names appear on the Company's pay roll for the period immediately preceding the date of our Direction of Elections herein, subject to such limitations and additions as are set forth in the Direction. 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 Bear Brand Hosiery Company, Kankakee, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2 The Company opposed an election among the powerhouse employees since the Firemen had not requested recognition prior to the hearing Since these employees are involved in the question as to the bargaining unit or units and have submitted authorizations desiring certification of a representative , we find no merit in the Company 's contention. BEAR BRAND HOSIERY COMPANY 505 2. All production and maintenance employees of the Company paid on an hourly and piece-rate basis, including employees in the box and printing departments, but excluding supervisors, foremen, assistant foremen, office employees, factory clerks, time-study em- ployees, factory police and deputies, watchmen, truck drivers, and powerhouse employees, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All powerhouse employees of the Company, excluding the chief engineer, 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 ELECTIONS 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 Bear Brand Hosiery Company, Kankakee, Illinois, elections 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: 1. Among all production and maintenance employees of the Com- pany paid on an hourly and piece-rate basis who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees in the box and printing departments and employees who did not work during such pay-roll period 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 supervisors, foremen, assistant foremen, office employees, factory clerks, time- study employees, factory police and deputies, watchmen, truck drivers, and powerhouse employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by United Textile Workers of America, Local 3564, affiliated with the A. F. of L.; 2. Among all powerhouse employees of the Company who were employed during the pay-roll period immediately preceding the date 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of this Direction, including employees who did not work during such pay-roll period 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 the chief engineer and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by International Brotherhood of Firemen and Oilers; Local 296, affiliated with the American Federation of Labor.