Manhattan Co.

National Labor Relations Board - Board Decisions

Dec 15, 1943

53 N.L.R.B. 1339 (N.L.R.B. 1943)

In the Matter Of MANHATTAN COMPANY and CLEANERS & LAUNDRY
WORKERS UNION, LOCAL 188-B; AMALGAMATED CLOTHING WORKERS
OF AMERICA
Case No. 5-R-1404.-Decided December 15, 19.43
Mr. George L. Weasler, for the Board.
Mr. Louis A. Spiess, of Washington, D. C., for the Company.
Mr. Alfred Udoff, of New York City, and Messrs. Jack Kutner,
and Ralph Bernard, both of Washington, D. C., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Cleaners & Laundry Workers Union,
Local 188-B, Amalgamated Clothing Workers of America, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Manhattan Com-
pany, Washington, D. C., herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Bernard Cushman, Trial Examiner. Said hearing
was held at Washington, D. C., on November 15, 1943. The Company
and the Union appeared,I participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the hearing the Com-
pany moved the dismissal of the petition herein on the ground that
the Union had not made a majority showing on cards submitted to
the Field Examiner. Said motion was reserved by the Trial Exam-
iner for the Board. For reasons hereinafter stated, the motion 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 an opportunity to file briefs with the Board.
' Teamsters Joint Council , No. 55, although served with notice of the proceeding herein,
made no appearance.
53 N. L . R. B., No. 244.
1339
1340 t ECISIONS OF NATIONAL LABOR PILATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Manhattan Company, a District of Columbia corporation, is en-
gaged in a general laundry business. For this purpose it maintains
a plant located in Washington, D. C., and operates stores in the Dis-
trict of Columbia and the State of Virginia. We are concerned
herein with its Washington plant. During the month of October
1943, the Company did a gross business of approximately $80,000,
$2,800 of which was derived from its Virginia outlet. 'The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Cleaners & Laundry Workers Union, Local 188-B, Amalgamated
Clothing Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated August 25, 1943, the Union requested recognition
from the Company as the collective bargaining representative of cer-
tain of its employees. The Company refused such recognition unless
and until the Union received certification by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found'appropriate.2
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 to represent a unit comprised of all plant pro-
duction and maintenance employees, excluding truck drivers and
2 The Field Examiner reported that the Union submitted 139 designations , of which 99 bore
apparently genuine original signatures and contained names of persons appearing upon the
Company ' s pay roll for the week ending October 2, 1943. The record indicates that the
Company employs approximately 340 persons in the appropriate unit.
As noted above , the Company moved to dismiss the petition of the Union ; this motion was
based upon the contention that the Union failed to make a substantial showing. However,
we have taken into consideration the fact that the record in this case indicates an abnormally
high labor turnover of employees of the Company , and under these circumstances we are of
the opinion that the showing made by the Union is sufficient for the purposes of this pro-
(ceding. See Matter of Douglas Aircraft Conipanvt, Ine, 49 N L It. B 819
MANHATTAN COMPANY 1341
helpers, clerical and supervisory employees, call office girls, driver-
bundle boys, the engineer, and the assistant engineer. The Company
agrees generally with the foregoing unit but contends that truck
drivers and helpers, call office girls, driver-bundle boys, and the
assistant engineer should be included therein.
Truck drivers and helpers. The drivers pick up and deliver laundry
and dry cleaning work and collect funds paid for such work. The
helpers assist the drivers in mmaking their rounds and occasionally
fulfill their duties in their absence. The drivers received a weekly
salary plus commission, and the helpers are paid a weekly salary only.
Both classifications are included within the sales department of the
Company, whereas the regular production and maintenance employees,
who are hourly paid, are under the supervision of the plant superin-
tendent. In view of the foregoing, and since it appears that the Union
no longer accepts drivers for membership,3 we are of the opinion that
the truck drivers and their helpers should be excluded from the unit.4
Call of ice girls. The Company employs two persons in this classi-
fication who work at an office in the plant to which customers may
bring and receive laundry on a cash and carry basis. These employees
are hourly paid. However, we are of the opinion that their duties are
comparable to store clerks rather than to the production and mainte-
nance employees, and for this reason, we shall exclude them from
the unit.5
Driver bundle boy. The Company employs one individual in this
capacity who spends 50 percent of his time making deliveries by truck
and the remainder in taking bundles from chutes and placing'them in
bins from which drivers make their pick-ups for delivering. Although
the Union seeks to include within the unit all other bundle boys, it
contends that the interests of this employee are more akin to those
of the truck drivers. Since the bundle boy in question spends such a
substantial portion of, his time performing the duties of a driver, and
in view of our prior finding with respect to drivers, we shall exclude
this employee from the unit but shall include all full-time bundle
boys therein.
Assistant engineer. This employee is the immediate subordinate
of the engineer and, in the latter's absence, supervises the maintenance
employees and has authority on these occasions to hire and discharge
them. Under these circumstances, we are of the opinion that he
occupies a supervisory status. We shall, therefore, exclude him.
i Although the Union had formerly accepted drivers for membership , pursuant to an agree-
ment with the Teamsters Joint Council of the American Federation of Labor, it has relin-
quished its claim to jurisdiction , ovei such employees.
4 Matter of Elite Laundry Company of Washington , D. C., Inc., Case No 5-R-1396 , issued
December 7, 1943, 53 N L. R. B , No. 219.
5 Matter of Kent Stores of Washington , Inc, 53 N. L. R. B 915.
559015-44-vol. 53-86
1342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Company at its Washington plant, excluding truck drivers and helpers,
the engineer and the assistant engineer, call office girls, driver-bundle
boy, clerical employees, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, and 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 III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Manhattan Com-
pany, Washington, D. C., 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 Fifth 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 the em-
ployees 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 person 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 elec-
tion, to determine whether or not they desire to be represented by
Cleaners & Laundry Workers Union, Local 188-B, A. C. W. A., CIO,
for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
e The Union made a request that it be designated upon the ballot as "Cleaners & Laundry
workers Union , Local 188-B, A. C. W. A., CIO." This request is hereby granted.