The American Linen Service Co.

In the Matter of,JOSEPII L. FRADKIN AND BEN•SINGER, A PARTNERSHIP, TRADING AS THE AMERICAN LINEN SERVICE CO. AND THE AMERICAN LAUNDRIES, INC. (A SUBSIDIARY AND AFFILIATE OF THE AMERICAN LINEN SERVICE Co.) and CLEANERS AND LAUNDRY WORKERS UNION, LOCAL 188 B, A. C. W. A. (C. I. O.) Case No. R-3025.-Decided October 31 , 1041 Jurisdiction : laundry and linen service industry. Investigation and Certification of Representatives : existence of question : dis- pute as to appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : multiple employer unit: all produc- tion and maintenance employees of the Companies, including truck drivers, but excluding office, clerical, and supervisory employees held appropriate in view of the Companies' unified ownership,-management, and operations. Mr. Louis A. Spiess and Mr. Jack Politz, of Washington, D. C., for the Companies. Mr. Samuel Levine, of Washington, DX., for the Union. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 6, August 8, and August 27, 1941 , Cleaners and Laundry Workers Union, Local 188 B , A. C. W. A. ( C. I. 0.), herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore , Maryland ) a petition and amended petitions alleging that a question affecting commerce had arisen concerning the representation of employees of Joseph L. Fradkin and Ben Singer , a partnership, trading as the American Linen Service Co. and the American Laun- dries, Inc. (a subsidiary and affiliate of the American Linen Service Co.), herein jointly called the Companies , 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 &ptember 4, 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 36 N. L. R. B., No. 118. 565 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On September 10, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon Joseph L. Fradkin, Ben Singer, trading as. American Linen Service Co., and the Union. Pursuant to notice, a hearing was held on September 17, 19,41, at Wash- ington, D. C., before Herbert O. Eby, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Companies and the Union were represented by counsel or other official representatives and par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon 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 com- mitted. 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 COMPANIES Joseph L. Fradkin and Ben Singer are copartners operating a rental linen service in the District of Columbia, doing business under the name of American Linen Service Co., herein called American Linen. American Linen owns linens, delivers them to its customers, receives payments for the use of these linens, collects soiled linens and returns them to its place of business where it sorts them. American Laundries, Inc., is a District of Columbia corporation, more than 50 per cent of the stock of which is owned by Fradkin and Singer. Fradkin's wife owns the remainder of the stock. American Laundries, Inc., herein called American Laundries, takes the linens from the sorting room, washes and finishes them, and delivers them to the stockroom. For this service American Laundries receives a fee from American Linen. In the stock room the linens are prepared for delivery by employees of American-Linen. American Laundries does no work for persons or firms other than American Linen. American Linen does a gross annual business of over $25,000, of which approximately 5 per cent is from customers located outside of the District of Columbia. In the above-described operations the Companies are engaged in trade, traffic, and commerce within the District of Columbia. H. TIIE ORGANIZATION INVOLVED Cleaners and Laundry Workers Union, Local 188 B, A. C. W. A. is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to ;membership employees of the Companies. THE AMERICAN LINEN SERVICE CO . 567 III. THE QUESTION CONCERNING REPRESENTATION On August 15, 1941, the Union requested of the Companies recogni- tion as the exclusive bargaining agent for all employees in a unit com- posed of employees of the Companies. The request was refused on the ground that the unit requested was inappropriate. A statement of the Regional Director introduced in evidence discloses that the Union represents a substantial number of employees in the unit here- inafter found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Companies. 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 Companies described in Section I, above, has a close, intimate, and substantial re- lation to trade, traffic, and commerce within the District of Columbia, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union requests a unit composed of all production and mainte- nance employees of American Linen and American Laundries, includ- ing truck drivers, but excluding office, clerical,2 and supervisory em- ployees. The Companies request separate units for each business firm and ask that office and clerical employees be included in the units. As heretofore stated Fradkin and Singer are copartners in American, Linen and own the majority of stock in American Laundries. The Companies constitute a single, integrated enterprise under the man- agement and control of Fradkin and Singer. All the operations, other than the distribution and collection of the linens, are conducted in one building. American Laundries has no office employees. All the employees in the unit requested by the Union punch the same time clock and are engaged in handling the linen, operating machines, or carrying on some other operation essential to the collecting, washing, and finishing of the linen. It appears that the existence of separate 1 There are approximately 62 employees in the unit hereinafter found to be appropriate. American Linen Service Co. employs approximately 27 employees and American Laundries, Inc., employs approximately 45 employees . The Union submitted 41 authorization cards to the Regional Director , all of which cards bore apparently genuine signatures , 36 of which were the names of persons on the Companies ' pay roll of August 30 , 1941. All of the cards were dated in July 1941. 2 Office and clerical employees which the Union would exclude are described as "book- keepers, stenographers , and all clerical workers in the office." 568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD legal entities was not known to employees working for American Laundries. Under all the circumstances, including the unified owner- ship, management, and operation of the enterprise, we find that the employees.of the Companies constitute a single appropriate unit for the purposes of collective bargaining. It appears that the office and clerical employees do a different type of work than that which is done by production and maintenance em- ployees. They are described as bookkeepers, stenographers, and office clerks. These office and clerical employees are not eligible to member- ship in the Union. We shall exclude office and clerical employees from the unit. We find that all production and maintenance employees of the Com- panies, including truck drivers, but excluding office, clerical, and super- visory employees constitute a unit appropriate for the purposes of col- lective bargaining, and that said unit will insure to employees of the Companies the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. 'We shall direct that an election by secret ballot be held among those employees in the appropriate unit who were employed by the Companies during the pay- roll period immediately preceding the date of the Direction of Election, 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 the Companies, within the meaning of See- t3ons 9 '(c) and 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Companies including truck drivers, but excluding office, clerical, and supervisory 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor , THE AMERICAN LINEN SERVICE Co. 569 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 Joseph L. Fradkin and Ben Singer, trading as the American Linen Service Co. ands the American Laundries, Inc., (a subsidiary and affiliate of the American Linen Service Co.), Washington, D. C., 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 Fifth Re- gion acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions, among all production and maintenance employees 'of the Com- panies, who were employed during the pay-roll period immediately preceding the date of this Direction, including truck drivers and em- ployees who did not work during such pay-roll period because they were ill or on vacation or in active military service or training of the United States, or temporarily laid off, but excluding office, clerical, and supervisory employees and employees who have since quit or been discharged for cause, to determine whether or not said employees de- sire to be represented by Cleaners and Laundry Workers Union, Local 188 B, A. C. W. A. (C. I. 0.), for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.