La Crosse Garment Industries

National Labor Relations Board - Board Decisions

Feb 7, 1938

5 N.L.R.B. 127 (N.L.R.B. 1938)

In the Matter of LA CROSSE GARMENT INDUSTRIES and FEDERAL LABOR
UNION No. 21186
In the Matter of LA CROSSE GARMENT INDUSTRIES and INTERNATIONAL
LADIES' GAR-mFNT WORKERS UNION
Cases Nos. R-388 and C-325.-Decided February 7, 1938
Ladies' Dress Manufacturing Industry-Settlement: agreement to comply with
Act-Order: entered on stipulation-In.vestigation of Representatives: agree-
ment for election-Certification of Representatives: after election.
Mr. Lawrence Hunt and Mr. William Logan Donnel, for the Board.
Mr. TValter Baeder and Mr. John Thayer, of La Crosse, Wis., for the
respondent.
M71r. Jesse E. Higbee, of La. Crosse, Wis., and Mr. Rudolph Faupl, of
Milwaukee, Wis., for the Federal Union.
Mr. Max Geline, of Milwaukee, Wis., for the I. L. G. W. U.
Mr. Henry H. Foster, Jr., and Mr. Paul S. Kitelthau, of counsel to
the Board.
DECISION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 10 and November 5, 1937, International Ladies' Gar-
ment Workers Union, herein called the I. L. G. W. U., filed charges
with the Regional Director for the Twelfth Region (Milwaukee, Wis-
.cousin) against Walter Baeder and John Thayer, partners, doing busi-
ness as La Crosse Garment Industries, herein called the respondent,
alleging violation of Section 8 (1) and (3) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act.
On October 16, 1937, Federal Labor Union No. 21186, herein called
the Federal Union, filed with the Regional Director for the Twelfth
Region a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of the respondent
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the Act. On October 28, 1937, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
127
128
NATIONAL LABOR RELATIONS BOARD
suant to Article III, Sections 3 and 10 (c) (2), and Article II,
Section 37 (b), of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, ordered a consolidation of these cases
and ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On November 8, 1937, the Regional Director issued a complaint
and notice of hearing, copies of which were duly served on the re-
spondent, the I. L. G. W. U., and the Federal Union, alleging that
the respondent had engaged in and was engaging in unfair labor
practices affecting commerce, within the meaning of Section 8 (1)
and (3) and Section 2 (6) and (7) of the Act. The respondent
thereafter filed an answer denying the allegations of unfair labor
practices.
Pursuant to notice, a hearing was held at La Crosse, Wisconsin, on
November 16, 1937, before William R. Ringer, the Trial Examiner
duly designated by the Board. The Board, the I. L. G. W. U., and the
Federal Union were represented by counsel, the respondent by the
partner-owners.
On November 15, 1937, stipulations had been entered into, and they
were read into the record at the hearing, which was then adjourned.
On November 26, 1937, the Trial Examiner filed his Intermediate
Report embodying the stipulations and recommending that the Board
issue an order as provided in those stipulations.
On the basis of those stipulations, the Board found that a question
affecting commerce had arisen concerning the representation of em-
ployees of the respondent and on the basis of such conclusion and
acting pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, issued a Direc-
tion of Election 1 on November 20, 1937, in which it found that the
production employees of the respondent, exclusive of maintenance,
office, and clerical workers and all employees in administrative and
supervisory positions, including foreladies and instructors, consti-
tuted a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. Merely for the
purpose of expediting the election and thereby insuring to the em-
ployees of the respondent the full benefit of their right to collective
bargaining as soon as possible, the Board directed the election with-
out at the same time issuing a decision embodying the stipulations
and the order contemplated by them.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on November 27, 1937, by the Regional Director for
the Twelfth Region among the employees of the respondent con-
stituting the bargaining unit agreed to by the parties and found
14 N. L. R. B, 190.
DECISIONS AND ORDERS 129
appropriate by the Board. On November 29, 1937, the Regional
Director issued his Intermediate Report upon the secret ballot, which
was duly served on the parties to the proceeding on January 26,
1938. No exceptions to the Intermediate Report on the ballot have
been filed by any of the parties.
As to the results of the secret ballot, the Regional Director re-
ported the following :
Total number eligible to vote------------------------------------- 242
Total number of ballots cast------------------------------------ 230
Total number of challenged votes-------------------------------- 4
Total number of votes for Federal Labor Union No. 21186--------- 130
Total number of votes for International Ladies' Garment Workers
Union, Local No. 314----------------------------------------- 96
Total number of votes for neither organization------------------- 0
On November 15, 1937, the respondent and the Board stipulated
the facts concerning the respondent's business.
I
On the basis of the above stipulation the Board makes the fol-
lowing :
FINDINGS OF FACT
THE BUSINESS OF THE RESPONDENT
The respondent, La Crosse Garment Industries, is and has been
since 1933 a partnership composed of Walter Baeder and John L.
Thayer with its office and principal place of business at La Crosse,
Wisconsin. It is engaged in the manufacture of dresses and women's
wearing apparel made of cotton, rayon acetate, linen, and silk.
Ninety-nine per cent of the raw material used by the respondent is
purchased outside of Wisconsin and is shipped to it at La Crosse,
Wisconsin. The respondent sells and ships from its plant in La
Crosse into and through States other than Wisconsin-98 per cent of
the dresses and women's wearing apparel manufactured by it. The,
total value of the products manufactured by the respondent in 1936
was $752,000. The respondent employs approximately 250 persons
exclusive of office and supervisory help.
II
STIPULATIONS AS TO THE ORDER AND THE ELECTION
The stipulation between the respondent and the Board concerning
the order provides as follows : -
1. The National Labor Relations Board has jurisdiction in the
premises.
130 NATIONAL LABOR RELATIONS BOARD
2. The National Labor Relations Board shall issue, and the
Respondent will fully comply with an order to the following
effect :
Said Respondent shall cease and desist :
(a) From in any manner interfering with, restraining or
coercing its employees in the exercise of their rights to self-
organization, to form, join, or assist labor organizations, to
bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose
of collective bargaining or other mutual aid or protection, as
guaranteed in and by Section 8 (1) of the National Labor
Relations Act;
(b) From discouraging membership of its said employees
in the International Ladies' Garment Workers Union, or any
other labor organization of said employees, by discrimination
in regard to hire or tenure of employment or any term or
condition of employment.
In addition to the foregoing, said Respondent shall take the
following affirmative action :
(a) Offer to Anna Crivits reinstatement to her former
position, without prejudice to any seniority rights or other
rights and privileges previously enjoyed by her;
(b) Post notices to its said employees in two conspicuous
places in its plant, stating that it will cease and desist as
aforesaid, which said notices shall remain posted for a period
of at least thirty (30) consecutive days from the date of such
posting ;
(c) Inform the Regional Director of the National Labor
Relations Board for the Twelfth Region, within thirty (30)
days of the service of said order, of the manner in which said
Respondent has complied therewith.
Such order may be embodied in any decree of a United States
Circuit Court of Appeals in any action or proceeding in the
premises.
The stipulation entered into by the respondent, the I. L. G. W. U.,
and the Federal Union in regard to the appropriate unit provides as
follows :
1. The National Labor Relations Board has jurisdiction in
the premises.
2. The appropriate bargaining unit shall consist of the pro-
duction employees of La Crosse Garment Industries, exclusive
of maintenance, office and clerical workers and all employees in
DECISIONS AND ORDERS 131
administrative and supervisory positions, including foreladies
and instructors.
3. In the event that the National Labor Relations Board orders
an election to be held under and pursuant to the provisions of
Section 9 (c) of the National Labor Relations Act, such election
shall be conducted among the employees aforesaid whose names
appear upon the payroll of said La Crosse Garment Industries
for the pay period ending on the twenty-eighth (28th) day of
August, 1937.
The stipulation entered into by the respondent, the I. L. G. W. U.,
and the Federal Union in regard to holding an election provides as
follows :
1. The National Labor Relations Board has jurisdiction in the
premises.
2. Numerous employees have signed membership application
cards in both unions, so the bona fide membership in each union
cannot be determined without an. election.
3. La Crosse Garment Industries is unwilling to bargain col-
lectively with either union until the fact that it represents the
majority of employees in the appropriate bargaining unit is
determined by an election.
4. The National Labor Relations Board should issue, at the
earliest possible moment, an order directing that an election to
determine such majority be held at the City Hall in the City of
La Crosse, County of La Crosse and State of Wisconsin, within
seven (7) days from the issuance of said order.
On the basis of the above stipulations and upon the entire record
in the proceeding the Board will issue an Order and a Certification-
ORDER
On the basis of the above stipulations, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that Walter Baeder and John Thayer,
partners, doing business as La Crosse Garment Industries, La Crosse,,
Wisconsin, and its officers, agents, successors, and assigns, shall:
1. Cease and desist:
(a) From in any manner interfering with, restraining or coercing
its employees in the exercise of their rights to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or other
mutual aid or protection, as guaranteed in and by Section 8 (1) of
the National Labor Relations Act;
132 NATIONAL LABOR RELATIONS BOARD
(b) From discouraging membership of its said employees in the
International Ladies' Garment Workers Union, or any other labor
organization of said employees, by discrimination in regard to hire
or tenure of employment or any term or condition of employment.
2. In addition to the foregoing, take the following affirmative
action :
(a) Offer to Anna Crivits reinstatement to her former position,
without prejudice to any seniority rights or other rights and privi-
leges previously enjoyed by her;
(b) Post notices to its said employees in two conspicuous places
in its plant, stating that it will cease and desist as aforesaid, which
said notices shall remain posted for a period of at least thirty (30)
.consecutive days from the date of such posting;
(c) Inform the Regional Director of the National Labor Rela-
tions Board for the Twelfth Region, within thirty (30) days of the
service of said order, of the manner in which said respondent has
complied therewith.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Federal Labor Union No. 21186 has
been designated, and selected by a majority of the production em-
ployees of Walter Baeder and John L. Thayer, partners, doing busi-
ness as La Crosse Garment Industries, La Crosse, Wisconsin, exclusive
of maintenance, office, and clerical workers and all employees in
administrative and supervisory positions, including foreladies and
instructors, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of the
Act, Federal Labor Union No. 21186 is the exclusive representative
of all such employees for the purposes of collective bargaining in
respect to rates of pay, wages, hours of employment, and other condi-
Lions of employment.