Justin McCarty, Inc.

National Labor Relations Board - Board Decisions

Nov 10, 1941

36 N.L.R.B. 800 (N.L.R.B. 1941)

In the Matter Of JUSTIN MCCARTY, INC. and INTERNATIONAL LADIES'
GARMENT WORI{ERS' . UNION, LOCAL No. 387
Case No. R-3068-Decided November 10, 1941
Jurisdiction : clothing manufacturing industry.
Practice and Procedure : petition dismissed where no appropriate unit within
the scope of the petition ; ,unit limited to "cutters" held inappropriate.
Mr. George 0. Wilson, of Dallas, Tex., for the Company.
Mr. Jack Johannes, of Dallas, Tex., for Local No. 387.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TFIE CASE
On August 5, 1941, International Ladies' Garment Workers' Union,
Local No. 3875-herein called Local No. 387, filed with the Regional
Director for the Sixteenth Region (Fort Worth, Texas) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Justin McCarty, Inc., Dallas,
Texas, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September'24, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On September 29, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
Local No. 387. Pursuant to notice, a hearing was held on October
6, 1941, at Fort Worth, Texas, before V. Lee McMahon, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and Local No. 387 were represented by counsel, and both par-
ticipated in the hearing. At the commencement of the hearing, the
36 N. L. R. B., No. 169.
800
JUSTIN McCARTY, INC. 801
Company moved to dismiss the petition on the ground that the unit
proposed therein was inappropriate for bargaining. The Trial
Examiner reserved ruling upon this motion for the Board. For
reasons which appear in Section III below, the motion is granted.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on, the issues was afforded both
parties. During the course of the hearing, the Trial Examiner made
several rulings upon other motions and upon objections to the ad-
mission 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.
On October 15, 1941, Local No. 387 and, on October 16, 1941, the
Company filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Justin McCarty, Inc., is engaged in the manufacture and sale of
sport clothes, dresses, skirts, jackets,' and costume suits. The Com-
pany maintains its office and two plants at Dallas, Texas. During
1940, the Company purchased materials valued in excess of $300,000,
approximately 90 per cent of which were purchased and delivered
to the Company's plants from points outside Texas. During the
same period, the Company manufactured at its plants products valued
at approximately $900,000, approximately 60 per cent of which were
sold and delivered to points outside Texas. For corresponding
periods, the Company's business is substantially the same in 1941 as
it was in 1940.
II. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers' Union, Local No. 387, is
a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE APPROPRIATE UNIT
Local No. 387 contends that the cutters employed at the Company's
two plants constitute an appropriate unit. The Company contends
that all production employees at its two plants, excluding supervisory
employees, constitute a single appropriate unit.
At its two plants the Company employs about 150 non-supervisory
production workers, including 7 cutters, 3 at Plant,No. 1 and 4 at
Plant No. 2. The'-cutters at each plant work at tables at one end of
the production floor. No partitions divide the cutters from other
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production workers. The Company pays its cutters, sample makers,
pattern makers, markers, spreaders, and slopers on an hourly basis.
Almost all other production employees are machine operators who
work on a piece-rate basis, with an hourly minimum.
In February 1941, International Ladies' Garment Workers' Union,
herein called the International, began organizing the Company's
-employees on an industrial basis. Employees who became members
of the International joined Local No. 348, to which all production
workers locally employed in the industry were eligible. On June 6,
1941, the International chartered Local No. 387, the petitioner in this
proceeding, for cutters locally employed in the industry. Cutters
who were members of Local No. 348 transferred their membership
to Local No. 387. On or about August 4, 1941, Local No.. 387 re-
-quested the Company to bargain with it for cutters employed by the
Company. The Company refused to bargain, contending that the
-cutters alone did not constitute an appropriate unit.
The International has organized plants of the Company's, com-
petitors in Texas on an industrial basis and has contracts with such
companies for their production employees. The International has
been actively engaged in organizing the production employees of the
Company on an industrial basis. Although the International had as
-members, at the time of the hearing, other production employees in
.addition to cutters, it did not claim to represent a majority of em-
ployees in this larger unit. The International considers an industrial
unit ultimately appropriate for bargaining. Under these circum-
stances, we find that a unit restricted to cutters employed by the
,Company is inappropriate for, the purposes of collective bargaining.,
IV. TIIE QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition
is not appropriate, as stated in Section III above, we find that no
.question has arisen concerning the representation of employees of
-the Company in an appropriate bargaining unit.
On the basis of the above findings of . fact and upon the entire
-record in the case, the Board. makes the following :
CONCLUSION of LAW
No question concerning representation of employees of Justin Mc-
Carty, Inc., Dallas , Texas, has arisen in a -unit appropriate for the
1 See Matter of Morten -Davie Co. and International Ladies' Garment Workers' Union,
Local No. 387, 36 N. L. R. B. 804; Matter of Kohen-Ligon-Folz, Inc. and International
Ladies' Garment Workers' Union, Local No. 387, 36 N. L. R. B. 808. Cf. Matter of
,Crescent Dress Co. and Cutters Local 11, I. L. G. W. U., (A. F. of L.), 29 N. L. R. B., No. 67 ;
-Matter of Arlington Mills and Federation of Woolen cf Worsted Workers, U. T W. A. A. F. L.;
.Matter of Arlington Mills and Textile Workers Union of America, 31 N. L. R. B., No. 6.
JUSTIN McCARTY, INC. 803
purposes of collective bargaining within the meaning of Section 9 (c)
of the National Labor Relations Act.
ORDER
. Upon the basis of the foregoing findings of fact and conclusion of
law, the National Labor Relations Board hereby orders that the
petition for investigation and certification of representatives of em-
ployees of Justin McCarty, Inc., Dallas, Texas, filed by International
Ladies' Garment Workers' Union, Local No. 387, be, and it hereby
is, dismissed.