General Cigar Co., Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1938

6 N.L.R.B. 71 (N.L.R.B. 1938)

In the Matter of GENERAL CIGAR COMPANY, INC. and UNITED CIGAR:
WORKERS OF AMERICA, LOCAL No. I
In the Matter of ESSEX CIGAR COMPANY and UNITED CIGAR WORKERS
OF AMERICA, LOCAL No. 1
In the Matter Of SCHWARTZ-BERNARD CIGAR COMPANY and UNITED-
CIGAR WORKERS- OF AMERICA, LOCAL No. 1
In the Matter of TEGGE-JACKSON CIGAR COMPANY and UNITED CIGAR:
WORKERS OF AMERICA, LOCAL No. 1
In the Matter Of WEBSTER CIGAR COMPANY and UNITED CIGAR
WORKERS OF AMERICA, LOCAL No. 24
Cases Nos. R-430 to R-434, inclusive.Decided March 18, 1938
CZgar Manufacturing Industry-Investigation of Representatives: contro-
versy concerning representation of employees : substantial doubt as to majority-
status; refusal by employer to recognize petitioning union as exclusive repre-
sentative ; petition filed by independent union which prior to hearing received'
charter from national organization and changed name-Unit Appropriate for
Collective Bargaining: production employees ; no controversy as to ; stipulation
in one case that janitor also be included-Election Ordered : employees on,
pay roll for period next preceding hearing eligible to vote in spite of alleged
prior agreement by company to election as of earlier pay-roll date, and of
alleged discrimination against Union members; pay-roll period next preceding
filing of petition too remote , no provision on ballot for a competing labor-
organization which has become inactive, or for non-existent employee committee-
or other agency.
Mr. Charles F. McErlean, for the Board.
Berry & Stevens, by Mr. Ralph W. Barbier of Detroit, Mich., for-
Essex.
Butzei, Levin eC Winston, by Mr. Harry L. Winston, of Detroit,.
Mich., for General and Webster.
Butzel, Eaman, Long, Gust ci Bills, by Mr. Victor W. Klein, of
Detroit, Mich., for Schwartz.
Mr. Seymour J. Frank of Detroit, Mich., for Tegge.
Mr. Samuel B. Keene of Detroit, Mich., for Local No. 24.
Mr. George Turitz, of counsel to the Board.
80618-38-voL vi--6 7L
72 NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 15, 1937, United Cigar Workers Local Industrial Union
No. 24, herein called Local No. 24,' filed with the Regional Director
for the Seventh Region (Detroit, Michigan) four separate petitions,
each alleging that a question affecting commerce had arisen concern-
ing the representation of employees of the company named in the
petition, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. The companies named in
the four petitions are, respectively, General Cigar Co., Inc., herein
called General ;2 Essex Cigar Company, herein called Essex ; Bernard
Schwartz Cigar Corporation, herein called Schwartz ;3 and Tegge-
Jackman Cigar Company, herein called Tegge.4 On July 28, 1937,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, and
Section 10 (c) (2), of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice, and further ordered that, for
purposes of hearing, the cases be consolidated and that one record of
-the hearing be made.
On October 27, 1937, Local No. 24 e filed with the Regional Director
a petition alleging that a question affecting commerce had arisen
.concerning the representation of employees of Webster Cigar Com-
pany, herein called Webster, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Act.
,On November 8, 1937, the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of said Rules and Regulations,
ordered an investigation and authorized the Regional Director to
1 At the time of the filing of the four petitions Local No. 24 was known as United Cigar
Workers of America, Local No. 1, and the four petitions were filed under that name. As
used herein Local No. 24 refers to the Union under the name United Cigar Workers of
America, Local No. 1, as well as under its present name.
2 General was incorrectly designated in the petition and in the order directing the inves.
tigation and hearing as General Cigar Company, Inc
$ Schwartz was incorrectly designated in the petition and in the order directing the
investigation and hearing as Schwartz -Bernard Cigar Company. The petition and all
other papers in the proceeding were amended at the hearing so as to designate this com-
pany by the name Bernard Schwartz Cigar Corporation
4 Tegge was incorrectly designated in the older directing the investigation and hearing
as Tegge -Jackson Cigar Company.
Local No. 24 was incorrectly designated in this petition as United Cigar Workers of
America, Local No 24
DECISIONS AND ORDERS 73
conduct it and to provide for an appropriate hearing upon due no-
tice. On November 9, 1937, the Board, acting pursuant to Article
III, Section 10 (c) (2), of said Rules and Regulations, ordered that
all five of the above-entitled cases be consolidated for the purposes of
hearing, and that one record of the hearing be made.
On November 12, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon each of the companies,
upon Local No. 24, and upon Wolverine Labor Organization, a labor
-organization claiming to represent employees of Schwartz directly
:affected by the investigation. Pursuant to the notice, a hearing was
held on November 18, 19, 20, 22, 23, 24, and 26, 1937, before David F.
.Smith, the Trial Examiner duly designated by the Board. Counsel
for all the appearing parties and for the Board agreed, and the Trial
.Examiner directed, that each case be heard separately, that the record
be separable as for each case, and that evidence introduced in one
•case would not apply to any other case. The Board, each cbmpany,
and Local No. 24 were represented by counsel and participated in the
hearing, each company participating only in the portion of the hear-
ing which affected it. Wolverine Labor Organization did not appear
.at the hearing or participate in this proceeding in any way. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. At the hearing counsel for the Board moved that the peti-
tions relating to General, Essex, Schwartz, and Tegge, and all the
other papers in those proceedings, be amended to change the name of
the petitioning union from United Cigar Workers of America, Local
No. 1, to United Cigar Workers of America, Local No. 24. The
Trial Examiner granted the motions. Since the record shows that
-the correct name of the petitioning union is United Cigar Workers
Local Industrial Union No. 24,° the petitions and the other papers in
the proceedings are amended accordingly. Counsel for Schwartz and
for Tegge objected to any participation in the proceedings by counsel
for Local No. 24 on the ground that it was not the petitioning union.
The objections were overruled by the Trial Examiner. The rulings
are hereby affirmed. During the course of the hearing the Trial Ex-
aminer made several other rulings on motions and applications and on
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
-were committed. The rulings are hereby affirmed.
Tegge, General, and Webster made written applications to the
Board for certain subpenas, said applications being dated, respec-
tively, November 19, 22, and 23, 1937. The application of Tegge and
,of Webster have heretofore been denied by the Board, by orders
0 See Section II, tnf,a
74 NATIONAL LABOR. RELATIONS BOARD
dated, respectively, November 27 and December 1, 1937. The appli-
cation of General is hereby denied. The record indicates that
Schwartz made such an application to the Board orally at the•
hearing. The application of Schwartz is hereby denied. After the
close of the hearing General filed a motion to dismiss the petition.
The motion is hereby denied.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
General Cigar Co., Inc., is a New York corporation, having its
central office in New York City . It is engaged in the business of the
manufacture of cigars . It has twelve factories located in four differ-
ent States of the United States, and has several warehouses located
in various States. We are here concerned only with the factory
located in Detroit, Michigan. The principal materials used in the
Detroit factory are tobacco , boxes, labels , bands, and cellophane
wrapping. During the year 1937 the company used an average of
about $23,900 worth of such materials per month, more than 91 per-
cent of which were obtained from sources outside the State of Mich-
igan. The Detroit factory produces an average of about $50,000
worth of cigars a month, approximately 85 per cent of which are
shipped outside the State of Michigan. On November 19, 1937, Gen-
eral employed 361 persons in its Detroit factory , exclusive of clerical
and supervisory help.
Essex Cigar Company is a Michigan corporation, having its only
place of business in Detroit , Michigan . It is engaged in the business
of the manufacture of cigars, and operates a factory for that pur-
pose in Detroit. The principal materials used by the company in
the manufacture of its products are tobacco , boxes, cans , bands, and
cellophane . When the factory is in operation , the company uses
about $9,350 worth of such materials during an average month, ap-
proximately 86 per cent of which are obtained from sources outside
the State of Michigan . The company produces about $20,000 worth
of cigars in an average month, approximately 99 per cent of which
are distributed outside the State of Michigan. On November 18,
1937, Essex employed about 115 persons in its factory , exclusive of
clerical and supervisory employees.
Bernard Schwartz Cigar Corporation is a Delaware corporation,
having its principal place of business in Detroit , Michigan. Fifty-
one per cent of its common stock is owned by Deisel-Wemmer - Gilbert
Corporation, an Ohio corporation which has seven cigar factories
located in that State . Schwartz is engaged in the business of the
manufacture of cigars , and it operates a factory for that purpose in
DECISIONS AND ORDERS 75
Detroit. The principal materials used by it in the manufacture of
its products are tobacco, boxes, labels, bands, and cellophane wrap-
ping. During the year 1937 the company used an average of about
$46,000 worth of such materials per month, more than 89 per cent of
which were obtained from sources outside the State of Michigan.
The company produces an average of about $85,000 worth of cigars
a month, approximately 18 to 19 per cent of which are shipped out-
side of the State of Michigan. On November 9, 1937; Schwartz em-
ployed 416 persons in its factory, excluding foremen, office help, and
salesmen.
Tegge-Jackman Cigar Company is a Michigan corporation, having
its principal place of business in Detroit, Michigan. It is engaged
in the business of the manufacture of cigars, and it operates a factory
for that purpose in Detroit. The principal materials used by it in the
manufacture of its products are tobacco, boxes, cans, labels, bands,
and cellophane wrapping. The company uses on the average about
$18,000 worth of such materials per month, more than 90 per cent
of which are obtained from sources outside the State of Michigan.
The company produces on the average about $65,000 worth of cigars
per month, approximately 20 per cent of which are shipped outside
the' State of Michigan. On November 19, 1937, Tegge employed 242
persons in its factory who were engaged in production, exclusive of
foremen.
Webster Cigar Company is a Michigan corporation. It is engaged
in the business of the manufacture of cigars and operates a factory
for that purpose in Detroit, Michigan. It is a subsidiary of Webster-
Eisenlohr, Inc., a Pennsylvania corporation having its central office
in New York City. Webster-Eisenlohr, Inc. have several other sub-
sidiaries, all of which have the same person as president as have
Webster and Webster-Eisenlohr, Inc. The principal materials used
by Webster in the manufacture of its products are tobacco, boxes,
labels, bands, and cellophane wrapping. From November 1, 1936, to
November 1, 1937, the company used an average of about $43,700
worth of such materials per month, approximately 90 per cent of
which were obtained from sources located outside the State of
Michigan. The company produces an average of about $100,000
worth of cigars a month. They are distributed both within and out-
side of the State of Michigan. At the hearing the company conceded
that it is engaged in and operates in interstate commerce. On
November 13, 1937, Webster employed 349 persons in, its factory,
exclusive of foremen and supervisory personnel.
IT. THE ORGANIZATIONS INVOLVED
United Cigar Workers Local Industrial Union No. 24 is a labor
organization chartered by the Committee for Industrial Organiza-
76 NATIONAL LABOR RELATIONS BOARD
tion, herein called the C. I. O. It admits to its membership all
employees of the five companies here involved within the several
bargaining units herein found to be appropriate. The members of
Local No. 24 were first organized in February 1937, immediately fol-
lowing the shutting down of the factories of the five companies be-
cause of labor disputes. At that time a large group of employees in
each of the factories joined the International Cigar Makers Union,
affiliated with the American Federation of Labor, and were organ-
ized into Local 155 of that union, herein called Local No. 155. On or
about March 12, 1937, the members of Local No. 155 decided to give
up their membership in the International Cigar Makers Union and
to become affiliated with the C. I. O. They constituted themselves
into an independent union, known as United Cigar Workers of Amer-
ica, Local No. 1, and substantially all the members of Local No. 155
became members of that union. On or about May 12, 1937, the inde-
pendent union was granted a charter by the C. I. O. and the union
was given its present name, United Cigar Workers Local Industrial
Union No. 24. After the charter was received, new membership
cards were signed by all members, and some change was made among
the officers. However, the membership of Local No. 24 is substan-
tially identical with that of the independent union, and it is clear
that the two organizations are one and the same.
Wolverine Labor Organization appears at one time to have repre-
sented some employees of Schwartz. At the time of the hearing,
however, it had ceased to be active, and the company's representative
testified that the president of that organization had told him she did
not intend to go to the hearing.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petitions relating to General, Essex, and
Schwartz, those companies, respectively, refused to recognize Local
No. 24 as the bargaining representative of their employees. The rec-
ord indicates that the reason given in each instance was the absence
of proof that Local No. 24 represented a majority of the employees.
On April 22, 1937, Governor Murphy of Michigan called a confer-
ence of the representatives of Local No. 24 and of several Detroit
cigar manufacturers, including the five companies involved in these
proceedings. Of the five companies, only Webster was operating at
the time, the others still being closed because of the labor disputes
referred to above. At the conference Tegge, Essex, and Schwartz
each signed an identical letter, dated that day and addressed to the
Governor, wherein they agreed to resume operations in their respec-
tive factories. In the letter each company also agreed to cooperate
with its employees to effect the prompt institution of appropriate
DECISIONS AND ORDERS 77'
proceedings under the National Labor Relations Act for the deter-
mination by secret election of proper representatives of the employees,
for the purposes of collective bargaining.
When the April 22nd conference took place, Webster was in the
midst of negotiations with Local No. 24. In a letter submitted at
the conference, Webster stated that it was already engaged in nego-
tiations with representatives of its employees, and that such repre-
sentatives had agreed promptly to proceed to establish their authority
to represent the employees by proceedings under the Act or by other-
means, in the event any question should arise concerning their author-
ity. Immediately after delivering the letter, the company, because-
of a disagreement which arose with Local No. 24, demanded that an,
election be,held.
At the April 22nd conference General refused to sign a letter in a
form acceptable to the Governor acceding to his request that an ar-
rangement be made by consent of the parties whereby the collective-
bargaining agency of the employees could be determined. At a con-
ference held on April 24, 1937, with Local No. 24 and a committee
of its employees, General refused to recognize Local No. 24 as the
representative of its employees and suggested that the union proceed
with the petition for certification which it had theretofore filed with-
the Board in this proceeding.
Essex and Schwartz resumed operations at about the end of April,.
Tegge on May 5, and General on July 7, 1937.
In the middle of May 1937 Local No. 24 submitted to each of the-
companies 7 a proposed stipulation providing for an election to be-
conducted by the Board to determine whether or not the employees
of such company desired to be represented by Local No. 24. The
companies and Local No. 24 were, however, unable to agree upon the-
terms of consent elections.
Local No. 24 contended at the hearing that a majority of the-
employees of each of the companies were members of Local No. 24..
We find that a question has arisen concerning representation of
employees of each of the companies.
IV. TILE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find as to each of the companies in these proceedings that the-
question concerning representation which has arisen, occurring in
connection with its operations described in Section I above, has a
close, intimate, and substantial relation to trade, traffic, and commerce-
among the several States, and tends to lead, and/or has led, to-
'' The record is not clear as to the time such a stipulation was submitted to Essex,
except that it was submitted prior to June 3, 1937
'78 NATIONAL LABOR RELATIONS BOARD
labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
A. General.-In its petition Local No. 24 alleges that the "produc-
tion workers" of General, "exclusive of foremen, superintendents,
and clerical help" constitute an appropriate unit. It appears from
statements made at the hearing by counsel for Local No. 24 that
Local No. 24 intended to include within such description of the unit
,,employees of the following classifications, which are listed in Board's
-Exhibit No. 7 introduced in evidence at the hearing : Inspectors,
.stockboys, can fillers, and runners, in the cigar department; patch-
work inspectors, defect sorters, box examiners, tray examiners, and
-floor help, in the packing department; binder weighers and wrap-
ping weighers, in the stripping department; pickers, pre-conditioners,
,blockers, spreaders, and scaleboys, in the drying department; condi-
tioners in the casing department; Sumatra casing employees, wrap-
per layers, binder layers, feeders, examiners, packers, banders, patch-
ers, strippers, shipping floor help, holiday wrapping department
employees, elevator employees, stem balers, and cutting packers.
The term "production workers", as applied to General, shall be con-
strued herein to include employees of the classifications above-speci-
fied. No claim was made at the hearing that the unit described in
the petition is not appropriate.
We find that all the production workers of General, at its Detroit
factory, excluding foremen, superintendents, and clerical help, con-
, stitute a unit appropriate for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
• conditions of employment, and that said unit will insure to employees
of the company the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
B. Essex.-In its petition Local No. 24 alleges that the "produc-
tion workers" of Essex "exclusive of foremen, superintendents and
clerical help" constitute an appropriate unit. At the hearing it was
stated that the company and Local No. 24 agreed that all employees
in the factory excluding foremen, supervisors, clerical help, and jani-
tors, form an appropriate unit.
We find that all the employees of Essex in its factory, excluding
foremen, superintendents, supervisors, clerical help, and janitors,
constitute a unit appropriate for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and
other conditions of employment, and that said unit will insure to
employees of the company the full benefit of their right to self-
DECISIONS AND ORDERS 79'
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
C. Schwartz.-In its petition Local No. 24 alleges that the "pro-
duction workers" of Schwartz "exclusive of foremen, superintend-
ents, and clerical help" constitute an appropriate unit. Counsel for
Local No. 24 stated at the hearing that there should be included
within such unit all employees engaged by the company, with the
exception of supervisory personnel, foremen, members of the board,
maintenance employees, clerical employees, and those engaged in the
office., The company indicated at the hearing that it thought the
employees in the hand cigar-making department and those in the
machine cigar-making department had conflicting interests, and
therefore might desire to have separate bargaining units. However,
its counsel stated that it thought the matter was not one for the-
company to determine, and no claim was made at the hearing that.
the unit claimed by Local No. 24 is not appropriate.
We find that all the employees of Schwartz, excluding foremen,
supervisory personnel, board members, superintendents, mainte-
nance employees, clerical employees, and those engaged in the office,
constitute a unit appropriate for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment, and that said unit will insure to employ-
ees of the company the full benefit of their right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
D. Tegge.-In its petition Local No. 24 alleges that the "production
workers" of Tegge "exclusive of foremen, superintendents, and cleri-
cal help" constitute an appropriate unit. Board's Exhibit No. 9 lists
the following classifications for the employees in the company's fac-
tory : Rollers, bunchmakers, packers, strippers, tobacco conditioners,
cleaners, tobacco weighers, stockgirls, shipping clerks, banding and
cellophane machine operators, casers, and hand cellophaners. The
term "production -workers", as applied to Tegge, shall be construed
herein to include employees of the classifications above-specified.
No claim was made at the hearing that the unit contended for by
Local No. 24 is not appropriate.
We find that all the production workers of Tegge, excluding fore-
men, superintendents, and clerical help, constitute a unit appropriate
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment,
and that said unit will insure to employees of the company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
E. Webster.-In its petition Local No. 24 alleges that'the "produc-
tion workers" of Webster, "exclusive of foremen, superintendents and
80 NATIONAL LABOR RELATIONS BOARD
clerical help" constitute an appropriate unit. At the hearing the
Board, the company, and Local No. 24 stipulated that the appropriate
unit consists of* all the production employees, excluding office help
and foremen. For the purposes of clarity it was stated that the
appropriate unit agreed upon included all employees in the casing,
conditioning, stripping, cigar-making, packing, cellophane and box-
ing, and shipping departments, with the exception of foremen, cleri-
cal help and superintendents, and the term "production workers",
as applied to Webster, shall be construed herein to include all such
employees. It was also stipulated that the only janitor employed by
the company be included in the unit.
We find that all the production workers and janitors of Webster,
'excluding foremen, office and clerical help, and superintendents, con-
stitute a unit appropriate for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment, and that said unit will insure to employees
of the company the full benefit of their right to self-organization and
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The evidence introduced by Local No. 24 was not adequate to sus-
tain its contention that a majority of the employees of each of the
,companies are members of Local No. 24. We find that the question
%oncerning representation which has arisen can best be resolved by
means of elections by secret ballot.
The companies claim that eligibility to vote in the elections should
be determined on the basis of the pay rolls current at the time of
the hearing. Local No. 24 raised no objection to such determination
of eligibility in the cases of Tegge, General, and Webster. It stated,
`however, that in the cases of Schwartz and Essex only persons who
were employed by those companies on February 18 and 19, 1937,
respectively, the dates on which the factories of those companies had
been shut down, should be eligible to vote in the elections. That con-
tention was based in part on the claim that the companies, in their
letter to the Governor, dated April 22, 1937, had in effect agreed that
elections would be conducted on the basis of their respective pay rolls
-as of the February dates. In the case of Schwartz, Local No. 24
advanced an additional reason for determining eligibility by the
earlier pay roll, namely, that the company had discriminated against
its members. However, in view of all the facts of the case, particu-
larly the great length of time which has elapsed since the shut-down
of the factories and the filing of the various petitions, we are of the
opinion that elections in accordance with the union's contention
DECISIONS AND ORDERS 81
-would not reflect the desires concerning representation of those em-
-ployees who will be affected by the elections.
Those eligible to vote in the elections, therefore, shall be the per-
.sons within the respective appropriate units who were employed by
the companies during their respective pay-roll periods next preceding
November 18, 1937, the first day of the hearings in these proceedings,
'excluding those who since have voluntarily quit or been discharged
for cause.
General and Webster contended at the hearing that if an election
is ordered, the form of ballot should be such that employees could
vote not only for the petitioning union, but in the alternative for a
-committee of fellow employees, or for any other agency desired.8
No reason appears in the record why such form of ballot would be
-desirable under the circumstances of this case.
Wolverine Labor Organization, which formerly had some members
among the employees of Schwartz, will not appear on the ballot for
those employees, since it has become inactive.
On `the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS or LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of General Cigar Co., Inc., Essex Cigar Com-
pany, Bernard Schwartz Cigar Corporation, Tegge-Jackman Cigar
Company, and Webster Cigar Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All the production workers of General Cigar Co., Inc. at its
Detroit factory, excluding foremen, superintendents, -and clerical
-help, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. All the employees of Essex Cigar Company in its factory,
-excluding foremen, superintendents, supervisors, clerical help, and
janitors, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
4. All the employees of Bernard Schwartz Cigar Corporation,
excluding foremen, supervisory personnel, board members, superin-
tendents, maintenance employees, clerical employees, and those
engaged in the office, constitute a unit appropriate for the purpose of
collective bargaining, within the, meaning of Section 9 (b) of the
National Labor Relations Act.
8A similar contention was advanced by Essex in its letter dated June 3, 1937, to the
Regional Director (Board Exhibit No. 7). It did not make that contention at the hearing.
82 NATIONAL LABOR RELATIONS-BOARD
5. All the production workers of Tegge-Jackman Cigar Company,
excluding foremen, superintendents, and clerical help, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
6. All the production workers and janitors of Webster Cigar
Company, excluding foremen, office and clerical help, and superin-
tendents, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with General
Cigar Co., Inc., an election by secret ballot shall be conducted within
sixty (60) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Seventh Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all the production workers employed by General Cigar Co.,
Inc., at its Detroit, Michigan, factory, during the pay-roll period
next preceding November 18, 1937, excluding foremen, superintend-
ents, and clerical help, and excluding those who since have voluntarily
quit or been discharged for cause, to determine whether or not they
desire to be represented by United Cigar Workers Local Industrial
Union No. 24 for the purposes of collective bargaining; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
Essex Cigar Company, an election by secret ballot shall be conducted
within sixty (60) days from the date of this Direction, under the di-
rection and supervision of the Regional Director for the Seventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III; Section 9, of said Rules and
Regulations, among all the employees employed by Essex Cigar Com-
pany in its factory during the pay-roll period next preceding Novem-
ber 18, 1937, excluding foremen, superintendents, supervisors, clerical
help, and janitors, and excluding those who since have voluntarily
quit or been discharged for cause, to •determine whether or not they
desire to be represented by United Cigar Workers Local Industrial
Union No. 24 for the purposes of collective bargaining; and it is
FURTHER DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
DECISIONS AND ORDERS 83
with Bernard Schwartz Cigar Corporation , an election by secret
ballot shall be conducted within sixty ( 60) days from the date of
this Direction , under the direction and supervision of the Regional
Director for the Seventh 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 all the employees
•employed by Bernard Schwartz Cigar Corporation during the pay-
roll period next preceding November 18, 1937, excluding foremen,
supervisory personnel, board members, superintendents, maintenance
employees, clerical employees, and those engaged in the office, and
excluding those who since have voluntarily quit or been discharged
for cause, to determine whether or not they desire to be represented
by United Cigar Workers Local Industrial Union No. 24 for the
purposes of collective bargaining; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargaining with
"Tegge-Jackman Cigar Company, an election by secret ballot shall be
'conducted within sixty (60) days from the date of this Direction,
tinder the direction and supervision of the Regional Director for
the Seventh 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 all the production workers employed
by Teg;e-Jackman Cigar Company during the pay-roll period next
preceding November 18, 1937, excluding foremen, superintendents,
and clerical help, and excluding those who since have voluntarily
quit or been discharged for cause , to determine whether or not they
-desire to be represented by United Cigar Workers Local Industrial
Union No. 24 for the purposes of collective bargaining ; and it is
FURTHER DIRECTED that, as part of the investigation authorized by
the Board to ascertain representatives for collective bargainiing with
Webster Cigar Company, an election by secret ballot shall be con-
-ducted within sixty (60) days from the date of this Direction, tinder
the direction and supervision of the Regional Director for the
Seventh 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 all the production workers and janitors em-
ployed by Webster Cigar Company during the pay-roll period next
preceding November 18, 1937, excluding foremen, office and clerical
help, and superintendents, and excluding those who since have vol-
untarily quit or been discharged for cause, to determine whether or
not they desire to be represented by United Cigar Workers Local
Industrial Union No. 24 for the purposes of collective bargaining.