Pohs-Ring-Green, Inc.

National Labor Relations Board - Board DecisionsMay 16, 1946

68 N.L.R.B. 37 (N.L.R.B. 1946)

In the Matter of POHS-RING -GREEN , INC. and DEPARTMENT STORE & WAREHOUSE EMPLOYEES INTERNATIONAL UNION , LOCAL #1499, A. F. of L. Case No. 2-R-6256.-Decided May 16, 1946 Buitenkant & Cohen, by Mr. Arnold Cohen, of New York City, for the Union. Mr. Lewis H. Ulman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Department Store & Warehouse Em- ployees International Union, Local #1499, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Pohs-Ring-Green, Inc., New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George Turitz, Trial Examiner. The hearing was held at New York City, on April 4 and 11, 1946. The Union appeared and participated, but the Com- pany failed to appear. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Pohs-Ring-Green, Inc., a New York corporation, has its factory in New York City. It is engaged in the manufacture and sale of various 68 N. L. R. B., No. 9. 37 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cloth articles , including bridge sets , bedroom scarves , vanity sets, decora- tive towels , and plain and decorative pillow cases . The chief materials used are sheeting , toweling, and similar cloths. During approximately 50 days of the preceding 6 months, the Company received at its factory, for use in its operations there, more than 4 tons of materials , including over 500 pounds of materials which were shipped to the Company from Mexico. During the same 50 days the Company shipped from its factory at least 11 tons of its products valued at more than $22,000. Approxi- mately 75 percent of the products sold by the Company was shipped to purchasers located outside the State of New York. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Department Store & Warehouse Employees International Union, Local # 1499, is a labor organization affiliated with the American Fed- eration of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has, in effect, refused to grant recognition to the Union as the bargaining representative of certain of its employees. A statement of Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the unopposed request of the Union, and upon the entire record, we find that all production, maintenance, and shipping em- ployees of the Company at its factory, including the head of the Shipping Department and the head of the Cutting Department, but excluding the head of the Receiving Department, foremen, forewomen, and all other supervisory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effectively ' The Field Examiner reported that the Union submitted 15 application cards , and that there are approximately 24 employees in the appropriate unit. POHS-RING-GREEN, INC. 39 recommend such action, constitute 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. The Union requested at the hearing that eligibility to vote in the election be determined by the Company's pay roll for the pay-roll period immediately preceding the filing of the petition, because jean Longobardi, Rose Marie Venuto, and Eli Genco, three of its members, were allegedly discharged by the Com- pany in violation of the Act. After the hearing the Union filed a charge with the Board in Case No. 2-C-6269, averring that the Company had discriminatorily discharged these three employees in contravention of Section 8 (3) of the Act.3 We perceive no reason to deviate from our customary policy of using a cur- rent pay roll for the purpose of determining voting eligibility. Neverthe- less, in accordance with our usual practice in this respect, we shall permit the employees named in the charge to cast ballots in the election; their ballots, however, shall be segregated and we shall defer ruling as to their validity pending the outcome of the unfair labor practice proceeding.4 Employees eligible to vote in the election shall be all in the appro- priate 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. 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Pohs-Ring-Green, Inc., New York City, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor 2 The head of the Receiving Department is the only employee in the department, but he supervises nine operators in another department, and can effectively recommend that they be disciplined or discharged. The heads of the Shipping and Cutting Departments both spend most of their time doing manual labor, each having but one other employee in his department, neither can recommend that employees be disciplined or discharged. D The Union has formally waived the right to protest any election in this proceeding predi- cated upon the subject matter of this charge. 4 See Matter of Knape and Vogt Manufacturing Co, 65 N. L. R. B. 200. 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations , among employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately 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 ex- cluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Department Store and Warehouse Employees International Union, Local #1499 A. F. of L., for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.