American Lady Corset Co.

National Labor Relations Board - Board DecisionsOct 31, 1940

27 N.L.R.B. 1171 (N.L.R.B. 1940)

In the Matter of AMERICAN LADY CORSET COMPANY and INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL No. 318 (A. F. L.) . - Case No. R-2075.-Decided October 31, 1940 Jurisdiction : foundation garment manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : employees within stated classifica- tions, agreement as to. . Mr. Leonard H. Weiner and Mr. 0. A. Marcus, of Detroit, Mich., for the Company. Mr. Samuel B. Keene, of Detroit, Mich., for the Union. Mr. Ben Law, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 20, 1940, International Ladies' Garment Workers' Union, Local No. 318, herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition, and on August 22, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of American Lady Corset Company, Detroit, Michigan, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep- tember 24, 1940, 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 Regula- tions-Series 2, as amended, issued an order directing an investigation and authorizing the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On September 25, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on October 27 N. L. R. B., No. 191 I 1171 1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1, 1940, at Detroit, -Michigan, before Earl R. Cross, the Trial Ex- aminer duly designated by the Board. The Company and the Union were represented by counsel and participated 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 several rulings upon objections to the admission of evidence. The Board has reviewed all 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 American Lady Corset Company is engaged at its plant in Detroit, Michigan, in the manufacture of foundation garments. It has 'about '2400 customer accounts distributed among all parts of the'United States and in various foreign countries. kBetween January 1 and June 30, 1940, it sold goods valued at about $600,000. Over 50 per cent of the raw material used by the Company have a source outside Michigan and over 50 per cent of its finished products are sold and delivered outside Michigan. The Company admits, for the purposes of this proceeding, that it is engaged in interstate commerce. - H. THE ORGANIZATION INVOLVED International Ladies' Garment Workers' Union, Local No. 318, is"a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION In its amended petition the Union claimed that 146 of the Com- pany's employees in an alleged appropriate unit of 250 employees had designated and selected it as their representative for collective bargaining. The evidence establishes that on one or more occasions in the spring of 1940 the Union requested the Company for recogni- tion as the collective bargaining agency for its employees, and that the Company refused such request because it considered the Union's proof of majority representation to be inadequate. At the hearing the Company took the position that a question had arisen between it and the Union concerning the representation of its employees in that the Union claims that a substantial number of such employees are members and the Company disputes this claim. AMERICAN LADY CORSET COMPANY 1173 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 parties agreed at the hearing that the appropriate unit should consist of employees of the Company classified as follows : "stitching, seaming, binding, talons, zigzag stitching, lace stitching, brassier stitching, stripper, marking and stamping, embroidery, patterns, short chasers, checkers, repairs, hooks and eyes, ,folding, cutters, marking, lay-up cloth, cloth stock, production helper, labels, backs, shipping room, boning, errands, faggoting, buttons and buttonholes, examining, shaping and examining, instructors, merrowing, pinking, pressing, supporters, labels and borings, models, design pairs,'cloth stock and stock room; expressly excluding, however, foremen, watch- men, firemen, carpenters, cafe employees, machinists, printers, jani- tors, elevator boys, supervisors, truck driver, and such employees as are probationary and temporary." We see no reason to depart from the unit agreed upon by the parties. We -hereby find that said unit, described above, is appropriate for the purposes of collective bargaining, that it will insure, to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and that it will otherwise effectuate the policies of theâ€¢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. At the hearing the Company and the Union joined in a stipulation asking that- the Board conduct an election among the employees in the unit, hereinbefore found to be appropriate, whose names appear on the Company's pay roll of September 14, 1940, including those temporarily laid off, ill, and on vacation, but excluding those who have since quit or been discharged for cause, to determine if they wish 1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to be represented for purposes of collective bargaining by the Union. We see no reason to depart from the wishes of the parties, as set forth above, with'respect to eligibility of those to participate in the election. 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 ' i 1. A question affecting commerce has arisen concerning the repre- sentation of employees of American Lady Corset Company ,' Detroit, Michigan , within the meaning of Section 9 ( c) and Section 2 (6) and ( 7), of the National Labor Relations Act. 2. Employees of the Company classified as follows : stitching, seam- ing, binding , talons, zigzag stitching , lace stitching , brassiere stitching, stripper, marking and stamping , embroidery , patterns, short chasers, checkers , repairs , hooks and eyes , folding, cutters , marking, lay-up cloth , cloth stock , production helper , labels, backs , shipping room, boning, errands , faggoting , buttons and buttonholes , examining, shap- ing and examining , instructors , merrowing , pinking, pressing, sup- porters, labels and boxings, models, design pairs, cloth stock and stock room; expressly excluding, however, foremen , watchmen , firemen, carpenters , cafe employees ; machinists , printers , janitors, elevator boys, supervisors , truck driver , and such employees as are probationary and temporary, 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, and pursuant to Article III, Section 8, of National Labor Rela- tions 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 American Lady Corset Company, Detroit, Michigan, 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 direc- tion and supervision of the Regional Director for the Seventh 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 employees whose names appear on the Company's pay roll, of September 14, 1940, in the following classifications : stitching, seam- ing, binding, talons, zigzag stitching, lace stitching, brassiere stitching, stripper, marking and stamping, embroidery patterns, short chasers, checkers, repairs, hooks and eyes, folding, cutters, marking, lay-up AMERICAN LADY CORSET COMPANY 1175 cloth, cloth stock, production helper, labels, backs, shipping room, boning, errands, faggoting, buttons and buttonholes, examining, shap- ing and examining, instructors, merrowing, pinking, pressing, sup- porters, labels and boxings, models, design pairs, cloth stock and stock room ; including employees in the above classifications temporarily laid off, ill, and on vacation; expressly excluding, however, foremen, watchmen, firemen, carpenters, cafe employees, machinists, printers, janitors, elevator boys, supervisors, truck driver, such employees as are probationary and temporary, and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Ladies' Garment Workers' Union, Local No. 318, affiliated with the American Federation of Labor, for the purposes of collective bargaining.