Jos. H. Meyers Bros.

National Labor Relations Board - Board DecisionsJun 5, 1946

68 N.L.R.B. 479 (N.L.R.B. 1946)

In the Matter of Jos. H. MEYERS BROS . and LOCAL 64, INTERNATIONAL FUR & LEATHER WORKERS UNION (CIO) (PLASTIC SECTION) Case No. 2-R-6384.-Decided June 5, 1946 Weil, Gotshal & Manges, by Messrs. Robert Abelow and Arthur M. Kreidmann , of New York City, for the Company. Witt & Cammer, by Mr. Harold I. Cammer, of New York City, for the Union. Mr. Harvey B. Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Local 64, International Fur & Leather Workers Union (CIO) (Plastic Section), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Jos. H. Meyers Bros., Brooklyn, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George Turitz, Trial Examiner. The hearing was held at New York City, on April 29, 1946. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Company moved to dismiss the petition on the ground that the unit petitioned for is inappropriate. Ruling on this motion was reserved for the Board. For reasons stated in Section IV, infra, the mo- tion 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 opportunity to file briefs with the Board. 68 N. L. R. B., No. 67. 479 480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Jos. H. Meyers Bros. is a New York corporation having its principal office and place of business in New York City and branch offices-in San Francisco, California ; Coyoacan, D. F., Mexico ; London, England ; and Wellington, New Zealand. It is engaged in the manufacture and sale of synthetic pearls and similar gems and of accessories made therefrom. The Company operates a factory at 220 Twenty-fifth Street, Brooklyn, New York, with a branch at 1223 Bedford Avenue, Brooklyn, New York. We are here concerned only with the Bedford Avenue branch. In its Brooklyn operations the Company uses cornaline fusible enamel, methyl methacrylate, pearl essence, lacquer, amyl acetate, nickel wire, acetone, jewelry findings, gift boxes, toothpicks and other materials. During the calendar year 1945 the Company purchased raw materials of a value in excess of $250,000, approximately 90 percent of which was shipped to the Brooklyn factory from points outside the State of New York. During the same period the Company sold furnished products of a value in excess of $1,000,000, approximately 90 percent of which was shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Local 64, International Fur and Leather Workers Union (Plastic Section) is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the ex- clusive bargaining representative of its employees at the Bedford Avenue branch until the Union has been certified by the Board in an appropriate unit. 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. IV, THE APPROPRIATE UNIT The Union seeks a unit composed of all production and maintenance employees at the Company's Bedford Avenue Branch, including floor JOS. H. MEYERS BROS. 481 girls and the matron, but excluding the forelady and assistant forelady. Although the Company has no disagreement with the specific compo- sition of the foregoing unit, it takes the position that due to the integra- tion of the operations between the branch and the main factory, and the similarity of work performed at the branch to that performed at the main factory, the only appropriate unit would be one composed of all production and maintenance employees at both locations. The Twenty-fifth Street plant, which has been operated by the Com- pany approximately 25 years, is housed in a modern 5-story factory building. The Company employs 450 persons divided among 16 de- partments, of which 12 are directly engaged in production activities. All employees at the main plant, with about 4 exceptions, are paid on an hourly basis for a 40-hour week. Paid holidays are provided and em- ployees who work overtime or on holidays receive additional time and one-half. Supervisors and older employees receive paid vacations and sick leave. The Bedford Avenue plant was opened in January 1945 due to lack of space and inability to procure sufficient labor at Twenty-fifth Street. It is housed in a large store in a residential area about 2 miles from the main plant. About 80 girls are employed mounting beads on toothpicl- which is the only process performed at the branch. Unlike the employees at the main plant, the girls work on a piece-work basis after a short apprenticeship, have to meet a minimum quota of 6,000 beads per day, and no additional compensation is paid for overtime or holiday work. Time and production records are kept at the branch and are forwarded once each week to the pay-roll department at Twenty-fifth Street, where the pay envelopes are prepared and returnd to the branch for distribution. Employees are hired at the branch by the forelady and there is no inter- change of personnel between the branch and the main plant. The fore- lady and assistant forelady are responsible for all supervisory activities at the branch subject to the over-all supervision of the factory superintendent. For the past 10 years, the Union as well as other labor organizations have attempted unsuccessfully to organize the employees at the Twenty- fifth Street plant. On the other hand, employees at the Bedford Avenue branch evinced an immediate interest in organizing and almost without exception signed membership applications. In view of the foregoing facts, particularly the physical and admin- istrative separation of the plants, the absence of interchange of em- ployees, and the present state of union organization, we find that a unit limited to the employees of the Bedford Avenue branch is appropriate for the purposes of collective bargaining.- ' See Matter of The Bailey Company, 66 N L. R. B. 899, and cases cited therein. 482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees of the Com- pany 's Bedford Avenue branch , including floor girls and the matron, but excluding the forelady , assistant forelady, and all or any other super- visory employees with authority to hire, promote , discharge , discipline, or otherwise effect changes in the status of employees , or effectively recom- mend such action , constitute a unit appropriate for the purposes of col- lective 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 in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, sub- ject 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 Relations 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 representatives for the purposes of collective bargaining with Jos. H. Meyers Bros., Brooklyn, New York, 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 supervision 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, Sections 10 and 11, of said Rules and Regulations, among 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 employees who did not work during said pay-roll period 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 per- son at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Local 64, International Fur & Leather Workers Union (CIO) (Plastic Section), for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.