Meyer-Stark Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 26, 1940

21 N.L.R.B. 1071 (N.L.R.B. 1940)

In the Matter Of MEYER-STARK MANUFACTURING COMPANY and C. I. O.
COMMITTEE TO ORGANIZE LUGGAGE WORKERS
Case No. R1751. Decided March 06, 1940
Imitation Leather Luggage Manufacturing Industry-Investigation of Repre-
sentatives : controversy concerning representation of employees ' rival organiza-
tions ; company refuses to recognize either union until certified by Board-
Unit appropriate for Collective Bargaining : production employees , including
working foremen , but excluding office employees , foremen who do no production
work , supervisory employees, maintenance employees , watchmen , janitors; and
truck drivers ; stipulated-Election Ordered
Mr. Earl R. Cross, for the Board.
Mr. Lester S. Smith, of Detroit, Mich., for the Company.
Mr. Maurice Sugar, and Mr. Jack N. Tucker, both of Detroit,
Mich., for the Committee.
Mr. F. Hamilton Seeley, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 7, 1939, and February 26, 1940, the Committee to
Organize Luggage Workers, affiliated with the C. I. 0., herein called
the Committee, filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition and an amended petition,
respectively, alleging that a question affecting commerce had arisen
concerning the representation of employees of Meyer-Stark Manu-
facturing Company, Detroit, Michigan, 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 February 20, 1940, 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.
21 N. L . It. B., No. 104.
1071
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 26, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Committee, the American Federation of Labor, and International
Ladies' Handbag, Pocketbook & Novelty Workers Union, Local No.
56, herein called Local No. 56, a labor organization claiming to rep-
resent employees directly affected by the investigation. Pursuant
to notice a hearing was held on March 4 and 5, 1940, at Detroit,
Michigan, before P. H. McNally, the Trial Examiner duly designated
by the Board. The Board, the Company, and the Committee were
represented by counsel and participated in the hearing.' Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on 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.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Meyer-Stark Manufacturing Company is a Michigan corporation
with its principal office and place of business in Detroit, Michigan.
It is engaged in the .manufacture and sale of imitation leather lug-
gage, including suitcases, overnight cases, and zipper bags. The
principal raw materials used by the Company are imitation leather,
various types of paper and wood, and hardware. During 1939 the
Company purchased $296,746.29 worth of such raw materials. Of
this amount approximately 50 per cent was obtained by the Com-
pany outside the State of Michigan. During the same year the
gross sales of the Company amounted to $581,755.08. Approximately
50 per cent of this amount represented sales to customers outside the
State of Michigan.
II. THE ORGANIZATIONS INVOLVED
Committee to Organize Luggage Workers, affiliated with the C. 1. 0.,
is a labor organization, admitting to its membership employees of
the Company.
International Ladies' Handbag, Pocketbook & Novelty Workers
Union, Local No. 56, is a labor organization, affiliated with the
' Neither the American Federation of Labor nor Local No. 56 appeared at the hearing.
A representative of Local No . 56 sent a telegram to the Regional Director expressing his
inability to attend the hearing , but did not ask for a postponement thereof.
MEYER-STARK MANUFACTURING COMPANY 1073
American Federation of Labor , - admitting to its membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 15, 1939, the Company entered into a contract with
Local No. 56, for a term ending on December 31, 1939, by which the
Company recognized Local No. 56 as the exclusive collective bargain-
ing representative of its employees.
In April 1939 the membership of Local No. 56 began to dwindle
and no meetings of Local No. 56 were held thereafter. Thereafter
many former members of Local No. 56 became affiliated with the
Committee.
On September 28, 1939, the American Federation of Labor re-
quested the Company to renew the contract of Local No. 56 and to
add thereto a closed-shop provision. The Company took this request
under advisement. On January 5 and February 20, 1940, the Amer-
ican Federation of Labor repeated its request.
On December 12, 1939, the Committee met with the Company and
presented to it a proposed agreement. At this meeting the Com-
mittee claimed to represent 95 per cent of the Company's employees
but presented no proof thereof. On December 29, 1939, the Com-
mittee again met with the Company and discussed the proposed
agreement. On February 1, 1940, the Committee requested another
meeting with the Company, but the Company, on the ground that
it could not determine which union represented a majority of its
employees, refused to meet with the Committee.
We fiid that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close , intimate, and substantial
relation to trade, traffic , and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APP11OPRIATE UNIT
At the hearing the Company and the Committee agreed that the
production employees of the Company, including working foremen,
but excluding office employees, foremen who do no production work,
supervisory employees, maintenance employees, watchmen, janitors,
1074 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
and truck drivers constitute an appropriate unit for the purposes of
collective bargaining with the Company . The unit thus agreed upon
is substantially the same as the unit covered by the agreement of March
15, 1939, referred to above, and we see no reason for departing
therefrom.
We find that the production employees of the Company , including
working foremen , but excluding office employees , foremen who do
no production work, supervisory employees , maintenance employees,
watchmen , janitors, and truck drivers , constitute a unit appropriate
for the purposes of collective bargaining , and that said unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by an election by secret ballot.
At the hearing the Committee requested that eligibility to vote in
the election be determined as of December 7 , 1939, the date on which
it filed its petition . The Company desires eligibility to be determined
as of the date of the Board 's Direction of Election . We see no reason
for not adopting our usual rule and shall accordingly direct that the
employees within the appropriate unit who were employed by the
Company during the pay-roll period immediately preceding the date
of our Direction of Election , including those who did not work during
such pay-roll period because they were ill or on vacation , and those
who were then or have since been temporarily laid off, but excluding
those who have since quit or have been discharged for cause , shall be
eligible to vote in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Meyer-Stark Manufacturing Company,
Detroit, Michigan , within the meaning of Section 9 ( c) and Section
2 (6) and (7) of the Act.
2. The production employees of the Company , including working
foremen, but excluding office employees , foremen who do no produc-
tion work , supervisory employees , maintenance employees , watchmen,
janitors, and truck drivers , constitute a unit appropriate for the pur-
poses of collective bargaining , within the meaning of Section (9) (b)
of the Act.
MEYER-STARK MANUFACTURING COMPANY 1075
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Meyer-Stark Manufacturing Company, Detroit, Michigan, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction of
Election, under the direction and supervision of the Regional Direc-
tor for the Seventh 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 production employees
of Meyer-Stark Manufacturing Company, Detroit, Michigan, who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including
working foremen, those who did not work during said pay-roll period
because they were ill or on vacation, and those who were then or
have since been temporarily laid off, but excluding office employees,
foremen who do no production work, supervisory employees, main-
tenance employees, watchmen, janitors, and truck drivers, and those
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Committee to Organize Lug-
gage Workers, affiliated with the C. I. 0., or by International Ladies'
Handbag, Pocketbook & Novelty Workers Union, Local No. 56, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.