American Rag Stock Co.

National Labor Relations Board - Board Decisions

Dec 10, 1946

71 N.L.R.B. 958 (N.L.R.B. 1946)

In the Matter of JAKE LIPSITZ AND JOSEPHINE LIPSITZ, Co-PARTNERS,
D/I3/A AMERICAN RAG STOCK COMPANY, EMPLOYER and UNITED
RETAIL, WHOLESALE & DEPARTMENT STORE EMPLOYEES OF AMERICA,
C. I. 0., PETITIONER
Case No. 10-R,0189.-Decided December 10, 1946
Mn_ James L. Permiutt, of Birmingham, Ala., for the Employer.
Mr. Carey E. Haigler, of Birmingham, Ala., for the Petitioner.
Mr. Lewis H. Ulman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon an amended petition duly filed, the National Labor Relations
Board on October 8, 1946, conducted a prehearing election pursuant
to Section 203.49 of the Board's Rules and Regulations, among em-
ployees in the alleged appropriate unit, to determine whether or not
they desired to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties.- The Tally shows that of approximately 25 eligible voters, 24
cast valid ballots, of which 23 were for the Petitioner and 1 against.
One ballot was challenged.
Thereafter, pursuant to Section 203.55, of the Board's Rules and
Regulations, a hearing was held at Birmingham, Alabama, on Oc-
tober 25, 1946, before M. A. Prowell, hearing officer. The hearing
officer'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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Jake Lipsitz and Josephine Lipsitz are co-partners doing business
as American Rag Stock Company. The Employer operates a plant
71 N L. R B, No. 158.
95S
AMERICAN RAG STOCK COMPANY 959
at Birmingham, Alabama, where it is engaged in the purchase and
collection of old rags which it sorts, grades, launders, and sells. Dur-
ing the past year, the Employer purchased approximately $50,000
worth of rags, at least 20 percent of which was secured from points
outside the State of Alabama. During the same period the Employer
sold approximately $120,000 worth of processed 'rags, at least 20
percent of which was shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
The Employer contends that the Petitioner lacks authority to rep-
resent its employees. We, find it unnecessary to determine the exact
extent of the Petitioner's constitutional jurisdiction, since there is no
showing that the Petitioner will not accord adequate representation
to all employees included within the unit hereinafter found appro-
priate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all the Employer's enmploy-
ees at its Birmingham plant except for supervisory employees and
office and clerical employees. The Employer would also exclude two
truck drivers.
The truck drivers are primarily engaged in hauling rags to and
from the plant. We are of the opinion that the truck drivers have
sufficiently dissimilar interests and conditions of employment from
those of the other employees to warrant their exclusion. We shall
exclude the truck drivers.
I See Matter of lVzlson d Company, Inc, 62 N. L R. B 895; Matter of Wilson &
Company. Inc, 61 N L R B 617, and cases cited therein
2 Sec Matter of Kinqan & Co , Incorporated, 61 N L R. B 1222 ; Matter of American
Laundry Machinery Company, 66 N. L R. B. 1292
717734-47-vol. 71-62
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that all of the Employer's employees, exclud-
ing truck drivers, office and clerical employees, and all supervisory
employees with authority to hire, promote , discharge, discipline, or
otherwise effect changes in the status of employees , or effectively rec-
ommend such action , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
The results of the election held previous to the hearing show that
the Petitioner has secured a majority of the valid votes cast, and that
the challenged ballot together with the ballots of the two truck drivers
could not affect the results of the election . Accordingly, we shall
certify the Petitioner as the collective bargaining representative of
the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT Is UEJ2EBY CERTIF IED that United Retail, Wholesale & Department
Store Employees of America, C. I. O., has been designated and se-
lected by a majority of all employees of Jake Lipsitz and Josephine
Lipsitz, Co- partners , d/b/a American Rag Stocl: Coin pany,-Birniing-
ham, Alabama , excluding office and clerical employees and all super-
visory employees with authority to hire, promote, discharge,
discipline , or otherwise effect changes in the status of employees, or
effectively recommend such action , as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9 (a)
of the Act, the said organization is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages , hours of employment , and other conditions of
employment.
CJIAIIt11rAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.