New York Handkerchief Co.

National Labor Relations Board - Board Decisions

Feb 28, 1938

5 N.L.R.B. 703 (N.L.R.B. 1938)

In the Matter of NEW YORK HANDKERCHIEF COMPANY and INTERNA-
TIONAL LADIES GARMENT WORKERS UNION, LOCAL No. 76
Case No. B-579.-Decided February 28, 1938
Cotton Handkerchief Manufacturing Industry-Investigation, of Representa-
tives: controversy concerning representation of employees : refusal by employer
to recognize petitioning union as bargaining agency-Unit Appropriate for
Collective Bargaining : plant-wide ; stipulation as to-Election Ordered
Mr. Stephen M. Reynolds, for the Board.
Mr. Charles L. Cohns, of Chicago, Ill., for the Company.
Mr. Harold W. Schwartz, of Chicago, Ill., for the Union.
Miss Ann Landy, of counsel to the Board.
.DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 24, 1937, International Ladies Garment Workers
Union, Local No. 76, herein called the Union, filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of New York Handkerchief Com-
pany, Chicago, Illinois, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the Act and Article-III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On January 18, 1938 , the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. On January 24, 1938, the Regional Director upon
the request of counsel for the Company ordered a continuance of
the date of the hearing. Pursuant to the notice and order, a hearing
was held on January 28, 1938, at Chicago, Illinois, before John A.
Lapp, the Trial Examiner duly designated by the Board. The
Board, the Company, and the Union were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and to cross-examine witnesses, and to introduce evidence
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bearing on the issues was afforded to 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 preju-
dicial 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
The °New York Handkerchief Company is an Illinois corporation
having its principal office and place of business in Chicago, Illi-
nois, where it is engaged in the manufacture and sale of cotton
handkerchiefs.
The principal raw materials used, cotton goods and thread, are all
obtained from the southern States. Seventy-five per cent of the
finished product is sold outside of Illinois. The total sales of the
Company amount approximately to $1,000,000 annually.
The Company employs around 225 employees, with additional
help prior to the Christmas season. The seasonal employees seldom
return in the following year.
II. THE ORGANIZATION INVOLVED
International Ladies Garment Workers Union, Local No. 76, is
a labor organization affiliated with the Committee for Industrial
Organization, admitting to its membership all production and main-
tenance employees of the Company, excluding office workers and
supervisory employees.
III. THE QUESTION CONCERNING„REPRESENTATION
The Union, claiming to represent a majority of the employees,
wrote to the Company on November 16, 1937, to arrange for nego-
tiations. The Company denied that the majority of its employees
had affiliated with the Union and refused to negotiate.
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 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
DECISIONS AND ORDERS 705
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, both parties agreed that all employees of the Coin-
pany, exclusive of clerical and supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining. It was
stipulated that the word "supervisors" should mean foreladies, fore-
men and managers.
We find that the production and maintenance employees of the
Company, excluding clerical and supervisory employees, 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 collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees can best be decided by holding an election Ly
secret ballot to determine whether or not the employees wish the
Union to repres3nt them. Those eligible to vote shall be the em-
ployees °within the, appropriate unit who were on the Company pay
roll as of January 28, 1938, the date of the hearing, excluding those
employees who have since quit or been discharged for cause. The
adoption of such eligibility date will serve to exclude from the vot-
ing seasonal employees who, as noted above, seldom return to work
from season to season.
Upon the basis of the above findings of fact knd 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 New York Handkerchief Company, Chi-
cago, Illinois, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National 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-
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NATIONAL LABOR RELATIONS BOARD
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with the New
York Handkerchief Company, an election by secret ballot shall be
conducted within fifteen (15) days from the date of this Direction,
under the direction and supervision of the Regional Director for
the Thirteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations-Series 1, as amended, among the
production and maintenance employees of the New York Handker-
chief Company, who appear on the pay roll as of January 28, 1938,
excluding clerical and supervisory employees, and those employees
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by the International
Ladies Garment Workers Union, Local 76, affiliated with the Com-
mittee for Industrial Organization, for the purpose of collective
bargaining.
[SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
March 11, 1938
On February 28, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding, the election to be held within fifteen
(15), days from the date of the Direction, under the direction and
supervision of the Regional Director for the Thirteenth Region
(Chicago, Illinois). The Board, having been advised by the Re-
gional Director for the Thirteenth Region that a longer period with-
in which to hold the election is necessary, hereby amends the Direc-
tion of Election issued on February 28, 1938, by striking therefrom
the words "within fifteen (15) days from the date of this Direction"
and substituting therefor the words "within twenty-five (25) days
from the date of this Direction."