A. Brandwein & Co.

National Labor Relations Board - Board Decisions

Dec 26, 1945

64 N.L.R.B. 1514 (N.L.R.B. 1945)

In the Matter of A. BRANDWEIN & COMPANY and TEXTILE WORKERS
UNION OF AMERICA, C. I. O.
Case No. 13-R-304(3.Decided December 06, 1945
Mr. Otto -A. Jaburek, of Chicago, Ill., for the Company.
Mr. Earl T. McGrew, of Chicago, Ill., for the Union.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
,C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
A. Brandwein & Company, Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Gustaf B. Erickson, Trial
Examiner. The hearing was held at Chicago, Illinois, on August 21,
1945. * The Company and the Union appeared and participated.' All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. Brandwein & Company is an Illinois corporation, having its
Oflce and place of business in Chicago, Illinois. It is engaged in the
manufacture of mattresses, studio couches and related products.
1 Although the Upholsterers & Furniture Workers Union, Local No. 18, A. F. of L., was -
permitted by the Trial Examiner to intervene in the proceeding , it formally withdrew before
the close of the hearing.
64 N. L R. B., No. 247.
1514
A. BRANDWEIN & COMPANY 1515
During the year 1944, the Company purchased raw materials valued at
$2,500,000, over 60 percent of which was obtained from sources outside
the State of Illinois. During the same period of time the Company
sold finished products valued at $3,500,000, 60 percent of which was
shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affili-
ated with the Congress of Industrial Organizations admitting to
membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in general agreement that the appropriate unit
should include all production and maintenance employees of the
Company's "A" and "C" plants, except truck drivers, office and fac-
tory clerical workers, foremen, and other supervisory employees. The
'Company, however, would also include assistant foremen and the
.assistant forelady; the Union would exclude them.
The record reveals that although assistant foremen and the assistant
forelady act as instructors and possess some monitorial duties, they
have no supervisory authority within our usual definition thereof;
accordingly, we shall include them.
We find that all production and maintenance employees of the
Company's "A" and "C" plants, including assistant foremen, the
assistant forelady, and the assistant shipping clerk, but excluding
2 The Field Examiner reported that the Union submitted 160 cards , bearing the names
of 100 employees listed' on the Company's pay roll of August 8, 1945, and that the cards
are dated December 1944 to July 1945 There are approximately 195 employees in the
appropriate unit.
1516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
truck drivers, office and factory clerical workers, foremen, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees; or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.3
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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. Brandwein &
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) 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, Sections 10 and 11, of said Rules and Regulations, among em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction, including the regular part-time employees and in-
cluding those employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing employees in the armed forces of the United States who present
themselves in person at the polls, but excluding those employees who,
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether or
not they desire to be represented by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.
8 The parties agree, and we find, that all regular part -time employees shall be eligible to
vote.