Bergman's Inc.

National Labor Relations Board - Board Decisions

Feb 11, 1946

65 N.L.R.B. 966 (N.L.R.B. 1946)

In the Matter of BERGMAN'S, INC. and CLEANING & LAUNDRY WORKERS
UNION, LOCAL 457, ACWA, C. I. O.
Case No. 5-R-8151.-Decided February 11, 1946
Mr. Louis' A. Spiess, of Washington, D. C., for the Company.
Mr. Jack Kutner, of Washington, D. C., for the Union.
Mr. Frederick D. Vincent, Jr., of counsel to tine Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Cleaning & Laundry Workers Union,
Local 457, ACWA, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Bergman's, Incorporated, Washington, D. C., herein
called the Company,, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Earle K. Shawe,
Trial Examiner. The hearing was held at Washington, D. C., on
December 4, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues.
At the hearing the Company moved the dismissal of the petition
upon the grounds discussed in Section III, infra. Ruling on said
motion was reserved by the Trial Examiner for the Board. For
reasons hereinafter stated, the motion 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 oppor-
tunity 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
Bergman's, Incorporated, is a Delaware corporation, engaged in
the laundry and cleaning business in the District of Columbia. The
,The petition and other formal paper were amended at the hearing to show the correct
name of the Company
65 N L. R. B, No. 170
966
BERGMAN'S, INC. 967
Company operates a laundry plant in the District of Columbia, a
direct customer collect and delivery service, and three stores, one ad-
joining its laundry plant in the District of Columbia, one in Hyatts-
ville, Maryland, and one in Rosslyll, Virginia, which are used as sta-
tions for the receipt and issue of laundry, dry cleaning, ancd rugs.
The laundry, dry cleaning, and rugs collected are transported by the
Company to its plant in the District of Columbia to be serviced, and
after servicing are returned to the customer directly, or to the afore-
mentioned stores.
During the 12-month period preceding the hearing, the Company
purchased supplies consisting chiefly of soaps, chemicals, blueing, and
equipment, having an approximate value of $300,000, in excess of 50
percent of which was obtained from points and places outside the
District of Columbia and delivered to the Company's plant in the Dis-
trict of Columbia. During the same period, the Company performed
services valued at approximately $900,000 at its plant located in the
District of Columbia, approximately 60 percent of which was for
patrons living in the District of Columbia and the remaining 40 per-
cent for patrons living in the nearby areas in the States of Maryland
and Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. TILE ORGAN] ZATION INCO].VFn
Cleaning S, Laundry Workers Union, Local 4:17, ACWA, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. '1'1-rE QUESTION CONCERNING RLI']n?S17NTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's 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
hearing, indicates that the Union represents a substantial number of
employees 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.
'The Field Examiner reported that the Union submitted 124 cards, bearing the names
of 77 employees listed on the Company's current pay roll and that the cards are dated
during the months of August, September, and October 1945
There are approximately 262 employees in the appropriate unit
At the hearing the Company moved to dismiss the Union' s petition upon the ground
that the Union' s showing of interest as indicated in the Field Examiner ' s statement is not
substantial . We are of the opinion that the Company's contention is without merit. The
Company, in its motion to dismiss , states that the Union has only made a showing of
"approximately 251/2 percent ." This is inaccurate since it appears that the Union' s show-
ing is in excess of 29 percent . The motion is hereby denied
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Company and the Union agree that all production and mainte-
nance employees of the Company, including garage employees, should
be included in the bargaining unit, and that all office clerical workers,
store employees, head mechanic, and all other supervisory employees
should be excluded from the unit.. The Company would also include,
while the Union would exclude, all drivers employed by the Company.
The Company contends that (1) the drivers should be included in the
unit on the ground that they are "part and parcel of all the activities of
the production department, and (2) the Board, in prior cases involv-
ing the laundry industry, has included them in the bargaining unit.
Drivers and Extra Drivers: The Company employs 29 drivers
and 3 extra drivers. They pick up soiled articles at the homes of the
individual customers, deliver them to the Company's plant in the
District of Columbia for laundry and dry cleaning, and return them,
when finished, to the customer. The sole duty of one of the 29 reg-
ular drivers is to pick up the laundry and dry cleaning left at the
.Company's stores and to bring it to the plant, i eturning it, when
finished, to the proper stores, for ultimate delivery to the Company's
customers. With the exception of this one employee, the other drivers,
who deal directly with the Company's customers, are paid a weekly
salary plus commission, and solicit new business for the Company.
The drivers are included within the sales department of the Com-
pany, whereas the regular production and maintenance employees, who
are hourly paid, are under the supervision of the plant department
heads. None of the drivers perform tasks similar to the production
and maintenance workers. The production and maintenance employ-
ees perform their duties inside the plant, whereas the drivers work
on the outside. In view of the foregoing, arid in the absence of agree-
ment between the parties, we are of the opinion that the drivers and
the extra drivers should be excluded from the unit.3
We find that all production and maintenance employees of the
Company, including garage employees, but excluding drivers and
extra drivers, store clerks, office clerical employees, head mechanic,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively reconiniend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
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
8 See Matter of Blue Ribbon Lauiulry, 64 N. L. R. B. 645.
BERGMAN'S, INC. 969
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 Rela-
tions 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 Bergman's Inc.,
Washington, D. C., an election by secret ballot shall be conducted as
early as possible, but not later than thirty' (30) clays from the date
of this Direction, under the direction and supervision of the Regional
Director for the Fifth 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 employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during said pay-roll peri-
od 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 employ-
ees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Cleaning &
Laundry Workers Union, Local No. 457, ACWA, C. I. 0., for the
purposes of collective bargaining.