Julius Kayser & Co.

National Labor Relations Board - Board Decisions

Jun 5, 1942

41 N.L.R.B. 751 (N.L.R.B. 1942)

In the Matter of JuLIUS KAYSER & Co. and UNITED TEXTILL WORKERS
OF AMERICA, A. F. OF L.
Case No. R-3762.-Decided June 5, 194
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, exclusive of supervisory, office,
and clerical personnel ; stipulation as to. ,
Hardy, Stancliffe d Hardy, by Mr. John L. Farrell, of New York
City, for the Company.
Mr. Martin Sher, of New York City, for the A. F. of L.
Mr. William DuChessi, of Utica, N. Y., for the C. I. O.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Textile Workers of America,
A. F. of L., herein called the A. F. of L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Julius Kayser & Co., Walton, New York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Peter F. Ward, Trial
Examiner. Said hearing was held at Binghamton, New York, on
April 24, 1942. The Company, the A. F. of L., and Textile Workers
Union of America, C. I. 0., herein called the C. I. 0., appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The C. I. O. moved to dismiss the petition.
The Trial Examiner reserved ruling on the motion. The motion is
hereby denied. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
41 N. L. R. B., No. 139.
751
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Julius ]Kayser & Co. is a New York corporation engaging in
business at Brooklyn and Walton, New York. At its Walton plant,
the Company manufactures knit fabric cloth. During 1941 the value
of raw materials used at the Walton plant amounted to approxi-
mately $1,300,000, of which 90 percent represented shipments to the
plant from points outside the State of New York. During the same
year the value of finished products manufactured at the Walton
plant aniountecl'to approximately $1,600,000, of which about_3 percent
was shipped from this, plant to points Outside the State of New
York. The Company concedes that it is engaged in commerce within
the meaning of the National Labor Relations Act.
IL THE ORGANIZATIONS INVOLVED
United Textile Workers of America is a labor organization affiliated
with the Amergican Federation of Labor. It admits to membership
employees of the Company.
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to mem-
bership employees of the Company.
III. THE ; QUESTION CONCERNING REPRESENTATION
The A. F. of L. requested the Company to recognize it as the col-
lective bargaining representative of the Company's employees. The
Company, however, refused to do so unless and until the A. F. of L.
was certified by the Board. The record indicates that both labor
organizations involved represent a substantial number of the Com-
pany's employees.,
. We find that a ,question affecting commerce has arisen concerning
the represent atien 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
We find, in accordance with the stipulation of the parties, that
all production and maintenance employees of the Company at its
Walton plant, exclusive of supervisory, office, and clerical personnel
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
I The Regional Director's statement shows that 94 of the 102 cards submitted to him
by the A . F. of L and 54 of the 95 cards submitted to him by the C. I O. bear apparently
genuine signatures of persons appearing on the pay roll submitted by the Company. The
number of employees in the appropriate unit approximates 150-160.
JULIUS KAYSER & CO..
V. THE DETERMINATION OF REPRESENTATIVES
753
We, shall direct that the question concerning representation which
has arisen be resolved by an election ,by- secret ballot among the
employees in the appropriate emit 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
Relations Act, and pursuant to Article II, 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 Julius Kayser
&' Co., Walton , New York , an election by secret ballot shall be con-
ducted 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 Third 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 said pay-roll period because they were ill or 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 they desire,to be repre-
sented by United Textile Workers of America ; A. F.' of L., or by
Textile Workers Union of America, C. I. 0., for the purposes of
collective bargaining , or by neither.
463892-42-vol. 41-48