American Manufacturing Co.

National Labor Relations Board - Board DecisionsDec 1, 1944

59 N.L.R.B. 711 (N.L.R.B. 1944)

In the Matter of AMERICAN MANUFACTURING COMPANY (ST. Louis CORDAGE MILI.s) and TExTiI.E WORKERS UNION or AMERICA, C. I. O. Case No. 14-R-1064.-Decided December 1, 1944 Fordyce, White, Mayne, Williams & Hartman, by Mr. N. W. Hart- man, of St. Louis, Mo., for the Company. Mr. Arthur G. McDowell, of St. Louis, Mo., for the Union. Mr. Herbert C. Kane, 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, CIO, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Amer- ican Manufacturing Company (St. Louis Cordage Mills), St. Louis, Missouri , herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Joseph Lepie, Trial Examiner. Said hearing was held at St. Louis, Missouri , on November 9, 1944. The Company and the Union ap- peared 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 Company's motion to dismiss, on the grounds that the unit requested was inappropriate and that the Report on Investigation of Interest of Contending Labor Organiza- tions was not timely made, is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY American Manufacturing Company (St. Louis Cordage Mills), a Massachusetts corporation, licensed to do business in Missouri, oper- 59 N. L . R. B., No. 143. 711 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ates a plant in St. Louis, Missouri . It is engaged in the manufacture, sale and distribution of rope and allied products . During 1943, the 'Company purchased raw materials , consisting of hemp , sisal and other hard fibers, having a value in excess of $50,000, outside the State of Missouri. During the same period the Company manufactured fin- ished products having a value in excess of $50,000, 50 percent of which was sold outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its production and maintenance employees until the Union has been certified by the Board in an appro- priate 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., We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all employees of the Company's St. Louis plant, including ware- house employees, chauffeurs, elevator operators, and power plant em- ployees, but excluding office and clerical employees, foremen, assistant working foremen,2 the chief engineer, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. i The Field Examiner reported that the Union submitted 237 authorization cards ; that the names of 218 persons appearing on the cards were listed on the Company's pay roll ; that there are 312 employees in the appropriate unit ; and that the cards were dated : 146 between July and October 1944, and 72 undated. R Anthony Doskal, John Augustine and Stephan Haag. AMERICAN MANUFACTURING COMPANY V. THE DETERMINATION OF REPRESENTATIVES 713 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the-em- ployees 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. 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 Relations 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 American Manu- facturing Company (St. Louis Cordage Mills), St. Louis, Missouri, 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 Four- teenth 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 the employees in the unit found appro- priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including 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, C. I. 0., for the purposes of collective bargaining;