Kohen-Ligon-Folz, Inc.

National Labor Relations Board - Board Decisions

Nov 10, 1941

36 N.L.R.B. 808 (N.L.R.B. 1941)

In the Matter Of KOHEN-LIGON-FOLZ, INC. and INTERNATIONAL LADIES'
GARMENT WORKERS' UNION, LOCAL No. 387
Case No. R-3069.-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 Jo/tannes, of Dallas, Tex., for Local No. 387:
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 5, 1941, International Ladies' Garment Workers' Union,
.Local No. 387, 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 Kohen-Ligon-Folz, Inc., Dallas, Texas,
herein called the Company, and requesting an investigation and cer-
,tification of representatives pursuant to Section 9 (c) of the National
-Labor Relations Act, 49 Stat. 449, herein called the Act. On Septem-
ber 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 Exam-
iner duly designated by the Chief Trial Examiner. The Company
and Local No. 387.were represented by counsel and both participated
in the hearing. At the commencement of the hearing, the Company
36 N. L. R. B., No. 171.
808
KOHEN-LIGON-FOLZ, INC. 809,
moved to" dismiss the petition on the ground that the unit proposed
therein was inappropriate for bargaining. The Trial Examiner re-
served 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 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.
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
Kohen-Ligon-Folz, Inc., is engaged in the manufacture, and sale of
ladies' dresses under the trade brands of "Dawnleigh" and "Jeanne
Durrell." The Company maintains its office and plant at Dallas,.
Texas. During 1940, the Company purchased materials for manufac-
ture valued at approximately $65,000, 99 per cent. of which were-
brought to the Company's plant from points outside Texas. During
the same period, sales of the Company's products amounted to ap-
proximately $222,771, of which 60 per cent represented products sold
and shipped from the plant to points outside Texas. For correspond-
ing periods, the Company's business is substantially the same in 1941
as it was in 1940.
11. 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
plant constitute an appropriate bargaining unit. The Company con--
tends that all production employees at its plant, excluding super-
visory employees, constitute a single appropriate unit.
At its plant the Company employs between 35 and 40 production
employees, including four cutters. The cutters work at tables at one-
end of. the production floor. No partitions divide the cutters from
other production workers. The Company pays its cutters, sample-
makers, pattern makers, markers, drapers, and slopers on an hourly-
:810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 em-
ployees on a plant-wide basis. Employees who became members of
the-Intern ' ational joined Local No. 348, to which production workers
locally employed in the industry were eligible. On June 6, 1941, the
International chartered Local No. 387, the petitioner in' this proceed-
ing, 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 requested the Com-
pany 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 em-
ployees in addition to cutters, it did not claim to represent a majority
in this larger unit . The International considers a plant-wide unit
ultimately appropriate for bargaining. Under these circumstances,
we find that a, unit restricted to cutters employed by the Company is
inappropriate for the purposes of collective bargaining?
IV. THE 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:
CoNCiusION OF LAW
No question concerning representation of employees of Kohen-
Ligon-Folz, Inc., Dallas, Texas, has arisen in a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(c) of the National Labor Relations Act.
1 See Matter of Justin McCarty, Inc . and International Ladies' Garment Workers ' Union,
Local 887, 36 N. L. R. B. 800; Matter of Morten -Davis Co. and International Ladies' Garment
Workers Union, Local No. 387, 36 N . L. It. B. 804. Cf . Matter of Crescent Dress Co.
and Cutters Local 11, I. L. G. W. U., (A. F. of L.), 20 N. L. R . B. No. 67 ; Matter of Arling-
ton Mills and Federation of Woolen & 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.
KOHEN-LIGON-FOLZ, INC. 811
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 Kohen-Ligon-Folz, Inc., Dallas, Texas, filed by Interna-
tional Ladies' Garment Workers' Union, Local No. 387, be, and it
hereby is, dismissed.