Consolidated Laundries Corp.

In the Matter of CONSOLIDATED LAUNDRIES CORPORATION and WASH- ABLE CLOTHING, SPORTSWEAR & NOVELTY WORKERS, LOCAL 169 OF THE AMALGAMATED CLOTHING WORKERS OF AMERICA Case No. R-2750.-Decided August 19, 1941 Jurisdiction : linen manufacturing and laundering industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition; existing contract executed after notice by petitioning union of claim of representation, and in existence more than a year, no bar to ; election necessary Unit Appropriate for Collective Bargaining : employees in the manufacturing department at Company's Lackawanna Linen Supply Division comprising cut- ters, markers, spreaders, trimmers, shippers, floor girls, shipping clerks, and all other productive employees separate from the laundering department held appropriate in view of difference in functions between departments and the fact that the union requesting such a unit has organized only employees in this department. Coudert Bros. by Messrs. P. A. Shay and J. E. Hughes of New York City for the Company. Mr. David M. Schlossberg, of New York City, for the Amalgamated. Mr. Jacob Friedland, of Jersey City, N. J., for the A. F. of L. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 29, 1940, and June 10, 1941, respectively, Washable Clothing, Sportswear & Novelty Workers, Local 169 of the Amalgam- ated Clothing Workers of America, herein called the Amalgamated, filed with the Regional Director for the Second Region (New York City) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Consolidated Laundries Corporation, Jersey City, New Jersey, 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 June 27, 1941, the National Labor Relations Board, herein called the Board, acting pursuant 'to Section 9 ('c) of the Act and Article 34 N. L. R. B., No. 68. 476 CONSOLIDATED LAUNDRIES CORPORATION 477 III, Section 3, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 1, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Amalgam- ated, and Local Union No. 284, International Laundry Workers Union, A. F. of L., herein called the A. F. of L., a labor organization named in the petition as claiming to represent employees of the Com- pany. Pursuant to notice, a hearing was held on July 16, 1941, at New York City, before Will Maslow, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company, the Amalgam- ated, and the A. F. of L. were represented by counsel and participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing and at its conclusion the Company moved to dismiss the petition on the ground that it is not engaged in commerce within the .meaning of the Act. The Trial Examiner referred the motions to the Board. They are hereby denied. At the conclusion of the hear- ing the A. F. of L. moved to dismiss the petition on the ground that a valid contract exists between it and the Company. The Trial Ex- aminer referred the motion to the Board. It is hereby denied. Dur- ing the course of the hearing the Trial Examiner made several rulings on the other 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 1. THE BUSINESS OF THE COMPANY Consolidated Laundries Corporation, a Maryland corporation hav- ing its principal office in New York City, is engaged in the business of manufacturing and laundering linens and uniforms for barber shops, restaurants, hotels, and similar establishments, and in launder- ing and repairing household linens and apparel for the public. It operates five family-service laundries in the State of New York and three in the State of New Jersey, one wholesale laundry in the State of New York and one in the State of New Jersey, three linen-supply laundries in the State of New York and two in the State of New Jer- sey. At its plant located at 1208 Summit Avenue, Jersey City, New Jersey, known as the Lackawanna Linen Supply Division, the Com- 478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany manufactures and repairs uniforms and other linens supplied to its customers and also operates a linen-supply laundry, a family-service laundry, a repair department and a dry-cleaning department. This plant, with which the present proceeding is concerned, employs ap- proximately 200 to 250 employees. The chief raw material used by the Company in manufacturing linen supplies is cotton goods, approximately 80 per cent of which, or about $280,000 worth, is shipped to the plant from points outside the State of New Jersey. During the year 1940 the linen supplies manufactured by the sewing department approximated $400,000, about 60 per cent of which were delivered to linen-supply laundries operated by the Company in the State of New York. During the year 1940 the annual receipts of the Company were in excess of $7,000,000. About 21/2 per cent of the business of the family-service laundries operated by the Company is with customers located outside the States in which said family-service laundries are located. II. THE ORGANIZATIONS INVOLVED Washable Clothing, Sportswear & Novelty Workers, Local 169 of the Amalgamated Clothing Workers of America, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. Local Union No. 284, International Laundry Workers Union, is a labor organization affiliated with the American Federation of La- bor, admitting to membership employees of the Company.- III. THE QUESTION CONCERNING REPRESENTATION In April 1940 the Amalgamated began organizing the employees of the manufacturing department I at the Lackawanna Linen Supply Division of the Company. In the latter part of July it requested negotiations with the Company, alleging that it represented a major- ity of the employees in the manufacturing department, but was unable to secure a conference with the Company's representatives until some- time in August. On August 2, 1940, the Company signed a closed- shop contract with the A. F. of L., to run from July 29, 1940, to December 31, 1942, purportedly covering all employees at the Lacka- wanna Linen Supply Division. The Company refused to recognize the Amalgamated because of this contract. The A. F. of L. asserts that the contract is a• bar to the present proceedings. In view of the fact that, prior to August 2, 1940, when the contract was executed, the Amalgamated had informed the Company of its 1 The term "manufacturing department," as used herein , includes the sewing department and the shipping clerks. CONSOLIDATED LAUNDRTES CORPORATION 479 claim to represent a majority of the employees in a unit which we hereinafter find to be appropriate, and requested a conference for. the purpose of negotiating with the Company, and in view of the further fact that the contract between the A. F. of L. and the Company has already been in existence for more than a year, we find that the contract is not a bar to the present investigation.2 A statement of the Regional Director introduced in evidence shows that the Amalgamated represents a substantial number of employees in the unit alleged by it 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 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 Amalgamated contends that the appropriate unit consists of all cutters, markers, spreaders, trimmers, shippers, floor girls,-ship- ping clerks, and all other productive employees in the manufacturing department of the Lackawanna Linen Supply Division. The A. F. of L. contends that the appropriate unit consists of all employees in the manufacturing department, plus all employees in the linen- supply laundry, the family-service laundry, and the family-service repair department. The Company makes no contention with respect to the appropriate unit. Although the contract of August 2, '1940, purported to cover all employees in the plant, the Company and the A. F. of L. entered into another contract on the same day, which has since expired, pertaining solely to employees in the family-service laundry and repair department. Counsel for the A. F. of L. testified this was. done because the family-service laundry rendered a different type of service from the linen-supply department. He testified also that 2 Matter of Columbia Broadcasting System, Inc., and American Communications Asso- ciation, 8 N. L. R. B. 508; Matter of M. & J. Tracy, Inc. and Inland Boatmen's anion, 12 N L. R. B. 936. 9 The Regional Director reported that the Amalgamated submitted 45 application-for- membership cards, all of which bore apparently genuine signatures , and of which 37 ap- peared on the Company's pay roll of June 6, 1941. There are 55 to 58 employees in the manufacturing department. , 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the A. F. of L. contract which will not expire until December 31, 1942, covers only the manufacturing-department employees and the employees in the linen-supply laundry. Employees of the sewing department work at machines, manufac- turing sheets, tablecloths, and other linens, and coats and uniforms for hotel and restaurant use. These articles are placed in the stockroom in the plant and thereafter placed in company trucks by the shipping clerks. The remaining employees, except those of the repair depart- ment, are engaged in laundry work which bears no similarity to that done by the sewing-department employees. Employees of the repair department make repairs on articles sent to the family-service laundry by the public but do no manufacturing. Because the Amalgamated has organized only employees in the manufacturing department, notifying the Company of its claim prior to the execution of the contract, and because of the dissimilarity be- tween the functions of employees in the manufacturing and laundry departments, we find that the cutters, markers, spreaders, trimmers, shippers, floor girls, shipping clerks, and all other productive em- ployees in the manufacturing department of the Lackawanna Linen Supply Division of the Company 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 an election by secret ballot. The parties agreed to the use of a current pay roll to determine eligibility to vote. We find that the employees eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period next preceding this Direction, subject to such limita- tions 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 Lackawanna Linen Supply Division of Con- solidated Laundries Corporation, Jersey City, New Jersey, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. CONSOLIDATED LAUNDRIES CORPOR.AT°I'ON 481 2. All cutters, markers, spreaders, trimmers, shippers, floor girls, shipping clerks, and all other productive employees in the manufac- turing department at the Lackawanna Linen Supply Division of the Company 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 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 Dl1 cTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Lackawanna Linen Supply Division of Consolidated Laundries Corporation, Jersey City, New Jersey, 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 super- vision 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 cutters, markers, spreaders, trimmers, shippers, floor girls, shipping clerks, and all other productive employees in the manufacturing de- partment of the Lackawanna Linen Supply Division of the Company who were employed during the pay-roll period last preceding 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 employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Washable Clothing, Sportswear & Novelty Workers, Local 169 of the Amalgam- ated Clothing Workers of America, or by Local Union No. 284, International Laundry Workers Union, A. F. of L., for the purposes of collective bargaining, or by neither. MR. EDwiN S. SMITH took no part in the consideration of the above Decision and Direction of Election. -