Consolidated Trimming Corp.

National Labor Relations Board - Board Decisions

Dec 8, 1952

101 N.L.R.B. 854 (N.L.R.B. 1952)

854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In these circumstances, and in view of the history of collective
bargaining on a plant-wide basis, we find that the employees sought
by the Petitioner do not form a distinct and identifiable group with
common interests and employment conditions. Accordingly, we find
that the multidepartmental unit sought is inappropriate.3
We find, however, that the model shop mechanics, tool and die
makers, machine repairmen, and machinists in the special machine
shop constitute a craft group, such as the Board has generally ac-
corded separate representation, if they so desire, notwithstanding their
previous inclusion in a broader unit.' We shall, therefore, grant a
self-determination election to all members of this craft group.
We shall direct an election among all tool and die makers, machine
repairmen, machinists, model shop mechanics, and their apprentices,
at the Employer's plant, excluding supervisors as defined in the Act.
If a majority vote for the Petitioner they will be taken to have in-
dicated their desire to constitute a separate appropriate unit, and the
Regional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for the unit
described above, which the Board, under such circumstances, finds to
be appropriate for purposes of collective bargaining. In the event a
majority vote for the Intervenor, the Board finds the existing unit to
be appropriate and the Regional Director will issue a certification of
results of election to such effect.
[Text of Direction of Election omitted from publication in this
volume.]
s In a previous case involving the same parties , 45 NLRB 472, the Board found Inappro-
priate a unit of all employees In the special machine, toolroom , methods, and engineering
departments because of a history of collective bargaining on a broader basis.
' Ludlow Typograph Company, 95 NLRB 2 ; Hughes Aircraft Company, 99 NLRB 1016
Westinghouse Electric Corporation, 101 NLRB 1320.
V ANSOLIDATED TRIMMING CORP. and .AMALGAMATED UNION LOCAL 102,
T J A W. AFL, PETITIONER
CONSOLIDATED TRIMMING CORP. and UNITED TEXTILE WORKERS OF
AMERICA, AFL, PETITIONER. Cases Nos. 2-RC-4626 and 2-RC-4757.
De.-ember 8, 1952
Decision , Order, and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relations Act, a consolidated 1 hearing was held be-
' The above-captioned cases were consolidated for purposes of hearing by an order of the
Regional Director.
101 NLRB No. 153.
CONSOLIDATED TRIMMING CORP. 855
fore Nathan Cohen, hearing officer. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with these cases to a three-
member panel [Members Houston, Murdock, and Styles].
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. At the hearing the United Textile Workers of America, AFL,
hereinafter referred to as UTWA, urged a contract between it and
the Employer as a bar to the petition of Amalgamated Union Local
102, United Automobile Workers of America, AFL, hereinafter re-
ferred to as Local 102. By its terms this contract expired September
30, 1952. Accordingly, we find it no bar to a present determination
of representatives.
Local 102 moved to dismiss the petition filed by the UTWA because
that organization urged its contract as a bar to the petition of Local
102. The Board has held that a current contract of a petitioning
organization does not bar the organization from seeking Board certi-
fication.2 Moreover, as we have found, the contract of the UTWA
has now terminated and is not a bar to Local 102's petition. We
deny the motion to dismiss.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
4. In Case No. 2-RC-4626 Local 102 petitions to represent a unit
of all finished goods stockroom employees, excluding other production
and maintenance employees, office clerical employees, guards, and
supervisors as defined in the Act. In Case No. 2-RC-4757 the UTWA
petitions to represent a unit of all employees except office clerical
employees and supervisors as defined in the Act. The Employer
takes no position on the unit question, but desires that the Board
resolve the issue.
The Employer is a multi-State enterprise engaged in the manu-
facture of drapery, curtain, and furniture trimmings. The plant
involved in the instant case is located at 27 West 23rd St., New York
City. Approximately 275 maintenance and production employees
are employed there and occupy five floors of a six-story building.3
= Natona Mills, Inc., 97 NLRB 11.
The first or street floor of the building is leased to a tenant.
856 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
For about 11 years the UTWA has represented employees of the
Employer. Before 1945 it apparently was recognized for an over-all
unit. Since 1945 its contracts have specifically excluded stockroom
personnel. However, the record indicates that employees working
in the raw materials stockroom on the sixth floor are members of the
UTWA but that the employees of the finished goods stockroom sought
by Local 102 have not been represented by the UTWA. Before Local
102 filed its petition in this proceeding, it and the Employer entered
into a stipulation recognizing Local 102 as bargaining representative
for the unit it seeks, subject to Board certification.
The unit sought by Local 102 consists of approximately 43 em-
ployees located on the second floor. These employees receive finished
goods and prepare orders for shipment. They are classified as receiv-
ing clerks, order pickers, packers, and shippers. The special order
department on the fourth floor does work similar to that of the re-
quested employees and practically all of the employees of this depart-
ment are members of the UTWA.
Notwithstanding the fact that the working hours, lunch period,
sick leave benefits, and paydays for the finished goods stockroom em-
ployees differ somewhat from those of the other employees, we are
of the opinion that they are closely allied in interest with the Em-
ployer's production and maintenance employees. We find, therefore,
that all stockroom employees may properly be added to the existing.
production and maintenance unit. Inasmuch as the UTWA is here
seeking an election and certification in the over-all appropriate unit
including the stockroom employees, we shall not provide for the
stockroom employees to vote in a separate group. In accordance with
our policy fl we shall direct an election in the single voting group
which includes all employees in the unit herein found appropriate,
and shall dismiss the petition in Case No. 2-RC-4626.
We find that all production and maintenance employees, including
the elevator operators, janitors, and all stockroom employees, but
excluding office clerical employees, guards, and supervisors as defined
in the Act, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section (9) (b) of the Act.
Order
IT IS HEREBY ORDERED that the petition in Case No. 2-RC-4626 be,
and it hereby is, dismissed.
[Text of Direction of Election omitted from publication in this
volume.]
4 Waterou8 Company, 92 NLRB 76.