National Laundry, Inc.

National Labor Relations Board - Board Decisions

Nov 24, 1941

36 N.L.R.B. 1204 (N.L.R.B. 1941)

In the Matter of NATIONAL LAUNDRY, INC. and CLEANERS AND LAUNDRY
WORKERS UNION, LOCAL 188 B, AMALGAMATED CLOTHING WORKERS
OF AMERICA, C. I. O.
Case No. R-3218.-Decided Nov 'eimber fl , 1941
Jurisdiction : laundry and dry-cleaning industry.
Investigation and Certification of Representatives : existence of question: Com-
pany rejected proposed contract submitted by union and has never expressly
accorded it recognition as exclusive bargaining representative of employees
in unit alleged to be appropriate ; election necessary
Unit Appropriate for Collective Bargaining : all employees, including truck
drivers, but excluding office, clerical (including sales clerks in stores of the
Company), managerial, and supervisory employees, and officers of the
Company.
Mr. Louis A. Spiess, of Washington, D. C., for the Company.
Mr. Samuel Levine, of Washington, D. C., for the Union.
Mr. Herman J. DeKoven, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 24, 1941, Cleaners and Laundry Workers Union,
Local 188 B, Amalgamated Clothing Workers of America, C. I. O.'
herein called the Union, filed with the Regional Director for the Fifth
Region (Baltimore, Maryland) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of National Laundry, Inc.,' Washington, D. C., herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Ltibor Rela-
tions Act, 49 Stat. 449, herein called the Act. On October 17, 1941,
i In the formal documents the Union is designated "Cleaners & Laundry Workers Union.
Local 188 B " However, it appears from the entire record that its correct name is
"Cleaners and Laundry Workers Union , Local 188 B, Amalgamated Clothing Workers of
America, C I. 0."
3 While the Company was at times referred to at the hearing as "National Laundry
Company , Inc.," the Company is designated "National Laundry, Inc." in the stipulation
on the nature of its business and in the formal documents
36 N L R. B, No 246
1204
NATIONAL LAUNDRY, INC. 1205
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 October 20, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on October 23, 1941, at Wash-
ington, D. C., before Lester M. Levin, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company and the Union
were represented by counsel or other official representatives and par-
ticipated in the hearing. Full opportunity 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 concerning 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
1. THE BUSINESS OF THE COMPANY
The National Laundry, Inc., a District of Columbia corporation,
operates a laundry and dry -cleaning establishment . Most of its busi-
ness is conducted in the District of Columbia. A minor part of its
operations is carried on in the States of Virginia and Maryland. The
Company does an average gross business per month of approximately
$45,000. The Company admits that it is engaged in commerce "in the
District of Columbia and in the States of Virginia and Maryland
for the purposes of" the Act.
H. THE ORGANIZATION INVOLVED
Cleaners and 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
In July 1941, the Union submitted to the Company a proposed con-
tract dealing with terms and conditions of employment . This was
rejected by the Company . So far as the record indicates , the Com-
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
parry has never expressly accorded the Union recognition as exclusive
bargaining representative of employees in the unit alleged to be ap-
propriate.3 A statement of the Field Examiner introduced in evidence
discloses that the Union represents a substantial number of employees
in the unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation wliicli 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 within the District of Columbia and in the
States of Virginia and Maryland and tends to lead to labor disputes
burdening and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union requests a unit composed of all employees (apparently
including drivers) of the Company, excluding managerial, supervisory,
office, and clerical employees.-5 The Company wishes a unit composed
of production employees, clerical employees, and drivers, excluding
supervisory employees, officers of the Company, and sales clerks in
stores of the Company.
It appears that the office and clerical employees do no work in other
departments of the Company's plant, are eligible for membership in
another union, and are excluded from units at all other dry-cleaning
and laundry establishments in the city of Washington which have
contracts with the Union. We shall exclude office and clerical em-
ployees from the unit.
We find that all employees of the Company, including truck
drivers, but excluding office, clerical (including sales clerks in stores
of the Company), managerial, and supervisory employees, and offi-
cers of the Company, constitute a unit appropriate for the purposes
3As set forth in Section V, nsfra, the Company and the Union disagree with regard to
the employees constituting an appropriate bargaining unit.
4 The Company employs approximately 300 employees. The Union submitted to the
Field Examiner 195 membership application cards, all of which bore apparently genuine
signatures , and 142 of which bore the signatures of persons appealing on the Company's
pay roll of September 26, 1941 One hundred ten of the cards submitted were variously
slated between May and October 1941, and 32 bore no date
5 The Union used only the term "office employees " It is clear, how ever, that the Union
used the term to include clerks ( including clerks in a company 's stores who do selling
only but not including such clerks in the stores as do productive work, such as marking,
and sorting ), bookkeepers , stenogiapheis , telephone operators , and "any help that requires
work in the office "
NATIONAL LAUNDRY, INC. 1207
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 will effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning repre-
sentation can best be resolved by, and we shall accordingly direct,
an election by secret ballot. The Union requests that the pay roll
of October 3, 1941, be used to determine eligibility to vote. This
request is grounded upon the Union's apprehension that if a current
pay-roll date is taken the Company may pad its pay roll in order to
prevent the Union from obtaining a majority. The Union further
believes that on October 3, 1941, employment at the Company's plant
was relatively stable. The Company urges that there is nothing in
its past conduct which justifies the Union's fear that the Company
may pad its pay roll; however, the Company takes no position on
the date for determining eligibility to vote.
We do not believe that the record discloses any reason for a depar-
ture from our usual practice of using a current pay-roll date. Ac-
cordingly, we shall direct that the employees eligible to vote shall
be those in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
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 National Laundry, Inc., Washington, D. C.,
within the meaning of Section 9 (c) and Section 2 (6) *and (7) of
the National Labor Relations Act.
2. All employees of the Company, including truck drivers, but
excluding office, clerical (including sales clerks in stores of the Com-
pany ), managerial , and supervisory employees, and officers of the
Company, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Na-
tional Labor Relations Act.
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-
1208 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
tions Act, 49 Stat. 449, 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 National Laundry, Inc., Washington, D. C., an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Elec-
tion, 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, Section 9, of said
Rules and Regulations, among all employees of the Company who
were employed during the pay-roll period immediately preceding
the date of this Direction, including truck drivers and employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding office, clerical
(including sales clerks in stores of the Company), managerial, and
supervisory employees, officers of the Company, and employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Cleaners and Laundry Work-
ers Union, Local 188 B, Amalgamated Clothing Workers of America,
C. I. 0., for the purposes of collective bargaining.