B D Kaplan & Co., Inc.

National Labor Relations Board - Board Decisions

Jul 27, 1942

42 N.L.R.B. 934 (N.L.R.B. 1942)

In the Matter of B D KAPLAN & Co , INC, and PLASTIC, BUTTON &
NOVELTY WORKERS UNION, LOCAL 132, 1 L G. W U. (AFL)
Case No R -41015 -Decided July 97, 1942
Jurisdiction : woolen clipping sorting and blending industry
Investigation and Certification of Representatives : existence of question - re-
fusal to prove authority, election necessary
Unit Appropriate for Collective Bargaining : all production employees, excluding
supeivisois, foremen and foieladies haling authority to line and dischaige
or to recommend such action, office employees, truck diiveis, maintenance em-
ployees, salesmen,,and sample-loom employees
Mr J William Rosenblruth, of New York City, for the Company.
Mr. Elias Lieberman, by Mass Zelma Shapiro, of New York City,
for the Union
Mr. Frederic B Parkes, 2nd, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE
Upon petition duly filed by Plastic, Button & Novelty Workers
Union, Local 132, I L G W U (AFL), herein called the Union,
.alleging that a question affecting commerce had arisen concerning
the representation of employees of B D Kaplan & Co, Inc, New
York City, herein called the Company, the National Labor Relations
Board piovided for an appropriate hearing upon due notice before
`Martin I. Rose, Trial Examiner Said hearing was held at New York
City, on July 1, 1942 The Company and the Union appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
-the issues. At the conclusion of the hearing, the Company made sev-
-eral motions to dismiss the petition The Trial Examiner reserved
ruling on the motions for the Board The motions are hereby denied.
The Trial Examiner's rulings made at the hearing are-free from
42N L R B, No 176
934
B. D KAPLAN & CO., INC. 935
prejudicial error and are hereby affirmed. On July 22, 1942, the
Company filed a brief which the Board has considered
Upon the entire i ecord in the case, the Board makes the following .
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
B D Kaplan & Co., Inc, a New York corporation, is engaged in
the business of sorting, trimming, blending, and selling woolen clip-
pings. During the 6-month period preceding June 16, 1942, the Com-
pany purchased clippings valued in excess of $20,000, of which amount
approximately 60 percent was shipped to it from points outside the
State of New York During the same period, the Company sold
products valued at more than $50,000, of which amount approximately
90 percent was shipped by it to points outside the State of New Yorl
The Company employs approximately 300 employees
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Plastic, Button & Novelty Workers Union, Local 132, is a labor
organization admitting employees of the Company to membership
It'is affiliated with the International Ladies Gaiment Woikers Union,
which is an affiliate of the American Federation of Labor.
III aHE QUESTION CONCERNING REPRESENTATION
The Union commenced its organizational activities at the Company's
plant in April 1942 On May 19, 1942, it informed the Company that
it represented the Company's employees and requested a conference.
On May 22, 1942, the Union's repi esentativesmet with the Company's
counsel, informed him that the Union iepiesented a majolity of the
Company's employees, and requested that the Company recognize the
Union as the statutory representative of the Company's employees.
Counsel for the Company demanded proof of the Union's claim to
represent a majolity of the employees, the Union iefused to present
such proof.
A statement of the Regional Director introduced into evidence indi-
cates that the Union repiesents a substantial number of the employees
in the unit found below to be appropriate 1
1 The Regional Director stated that the Union submitted 150 authorization cards of
which 86 were undated and 64 were postmarked on dates between April 28 and May 28,
1942, and that ' all such cards bore original and genuine signatures of which 133 were
names of persons on the Company ' s pay roll of June 2 , 1942 There were approximately
236 employees within the unit found below to be appropriate
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV THE APPROPRIATE UNIT
The Union contends that all production employees, excluding super-
visors, foremen, 'and foieladies having authority to employ and dis-
charge or to recommend such action, office employees, tiuck drivels,
maintenance employees, salesmen, and sample-loom employees, consti-
tute an appiopriate unit The Company stated ho definite position in
regard to the unit it deemed,appiopriate fox the purposes of collective
bargaining.
Bundles of rags and of new clippings from manufacturers enter
the Company's plant in, the receiving department and aie transferred
to the sorting department where the clippings are sepai ated in various
lots according to color The clippings thus classified pass to the blend-
ing department and are fuither soited accoiding to vaiious shades of
each color Rags are apparently segregated and not mixed with any
clippings After the rags are sorted according to color, they are sent
to the trimming department, where shears and cutting machines re-
move waste matter In the baling department an automatic machine
forms the sorted and blended rags and clippings into bales, which leave
the plant through the shipping department The employees engaged
in these operations are termed production employees by the Union and
are included in the unit urged by the Union
The Union would exclude from its unit traveling salesmen, office
employees, maintenance employees, supervisory employees, truck
drivers, and sample-room employees who keep records of samples on
hand and sell clippings to customers Since the duties and authority
of these employees are substantially different fiom those of the produc-
tion employees, we shall exclude them from the unit
We find that all production employees of the Company, excluding
supervisors, foremen and foreladies having authority to hire and dis-
charge or to recommend such action, office employees, truck drivers,
maintenance employees, salesmen, and sample-room employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act
V THE DETERMINATION OF REPRESENTATIVES '
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot To determine
eligibility to vote, the Union requests the use of the pay roll of May 22,
1942, for the reason that a number of employees were laid off on that
date and have not been rehired. We find no reason to depart from our
customary practice and'shall accordingly direct that the employees of
the Company eligible to vote in the election shall be those who were
employed during the pay-roll period immediately preceding the date of
B D KAPLAN & CO , INC. 937
the Direction of Election herein, subject to the limitations and addi-
tions, 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, Relation's Act,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the B D Kaplan
Co , Inc., New York City, 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 supeivision 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 the employees 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
any such employees who did not work during that pay-roll period be-
cause they were ill of on vacation or.in the active military service or
training of the United States , or temporarily laid off, but excluding
any who have since quit or been discharged for cause , to determine
whether or not they desire to be represented by Plastic , Button & Nov-
elty Workers Union, Local 132, I L G W U (AFL), for the purposes
of collective bargaining.
MR GERARD D REILLY took no part in the above Decision and
Direction of Election.
I