Real Silk Hosiery Mills, Inc.

National Labor Relations Board - Board Decisions

Nov 14, 1942

45 N.L.R.B. 603 (N.L.R.B. 1942)

In the Matter of REAL SILK HOSIERY MILLS, INC. and AMERICAN
FEDERATION OF HOSIERY WORKERS, BRANCH 35, C. I. O.
Case No. R-4416.-Decided November 14, 1919
Jurisdiction : garment manufacturing industry.
Investigation and Certifcation, ,of Representatives : • existence of question : re-
fusal to bargain until certification by the Board and determination of
appropriate unit ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of defense plant section separate from hosiery and lingerie section
of Company, excluding shift foremen, foremen, foreladies, instructors, pro-
duction clerks, works manager, superintendents, executives, office clerical,
timekeepers, and guards. -
Mr. Benjamin E. Cook, for the Board.
Messrs. Daily, Davis and Hartsock, by Mr. Frank C. Dailey, of
Indianapolis, Ind., for the Company.
Mr. Donald L. Edison and Mr. Myron J. Moore, of Indianapolis,
Ind., for the C. I. O. - -
Mr. Harold 1T7. Schwartz, of Chicago, Ill., for the A. F. of L.
Miss Viola James, of counsel to the Board.
DECISION
AND'
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Hosiery
Workers, Branch 35, affiliated with the Congress of Industrial Or-
ganizations, herein called the C. I. 0., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Real Silk Hosiery Mills, Inc.; Indianapolis, Indiana, herein called
the Company, the National Labor Relations Board 'provided for an
appropriate hearing upon due notice before Arthur R. Donovan,
Trial Examiner. Said hearing was held at Indianapolis, Indiana,
on October 16, 1942. The Board, the Company, the C. I. O.; and
International Ladies' Garment Workers' Union, affiliated with the
American' Federation of Labor, herein called the A. F. of L., appeared
and participated. All parties were afforded full opportunity to be
46 N. L.-R. B., No. 89.
603
604 DECISIONS ' OF NATIONAL LABOR RELATIONS BOARD
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:-
FINDINGS OF FACT
I. THE BUSINESS,OF THE C01NIPANY
Real Silk Hosiery Mills, Inc.,' is engaged at Indianapolis, Indiana,_
in the manufacture and sale of ladies' andfinen's hosiery, ladies' lingerie,
dresses, and other items of ladies' outerwear, and men's underwear,
and for this purpose employs approximately 1,643 persons. Most of
the products are sold direct to the consumer by parcel post, freight,
and express. Approximately 98 percent of these shipments are to.
points outside the State of Indiana. The principal raw materials used
are cotton and rayon yarns, costing approximately $2,600,000 annually,
and over half of which are shipped from outside the State of Indiana.
The Company also buys, for resale direct to the consumer; such items
as men's ties and sportswear: The annual sales volume of all the Com-
pany's products is approximately $10,000,000. Recently the Company
.has added to its,operations a defense plant involving war contracts.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
American Federation of Hosiery Workers, Branch 35, affiliated with
the Congress of Industrial Organizations, and International Ladies'
Garment Workers' Union, affiliated with the American Federation of
Labor; are labor organizations, admitting to membership employees of
the, Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 10, 1942, the C. I. O. requested recognition as the bargain-
ing agent for the employees in, the Company's defense plant. The
Company refused the request and will not recognize the C. I. O. unless
and until it is certified by the Board.
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the' C. I. O. represents a substantial' number of
employees in the unit hereinafter found to be appropriate .2
The Real Silk Hosiery Mills , Inc , an Illinois corporation , Is the parent company.
s The Regional Director reported that the C . I. 0. submitted 347 application cards
with attached check-off cards, dated from June to August , 1942, all of which cards
bore apparently genuine original signatures ; and that 291 cards bore the names of,
employees on the Company's pay roll of August 15, 1942 , which lists 824 persons in
REAL SILK HOSIERY MILLS, INC. - 605
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 C. I. O. and the Company agree that all production and mainte-
nance employees in the defense plant, excluding shift foremen, foremen,
foreladies, instructors, production clerks, works manager, superin-
tendents, executives, office 'clerical, and timekeepers, constitute an
appropriate unit. The only issue is as to guards, whom the Company
would exclude. The Union desires that their inclusion, or exclusion
be resolved by the Board. The A. F. of L. contends that a unit of
defense plant employees should consist only of those employees in the
defense plant who are not within classifications covered by existing
contracts that the A. F. of L. and the C. I. O. have with the Company
for the lingerie and hosiery operations.
Formerly, the Company was divided into two main departments=
hosiery and lingerie. The separation of the hosiery employees from
the lingerie employees, for the purposes of bargaining, was recog;
,nized in the existing contracts which the Company has with the two
unions. The defense plant, which has been recently added, is located
in the same buildings with the hosiery and lingerie plants. However,'
the Company considers it as a separate department. It has its own
superintendent and its own pay roll. Most of the employees in the
defense plant were and are recruited from outside the Company's
personnel. Consequently, little, if any, exchange of employees has
occurred among the three departments., Witnesses for the Company
stated that the defense plant is not- manufacturing the same types of
products as the hosiery, and lingerie departments, nor does the de-
fense-plant use the same tyhes_ of ,machin>7ery,,and equipment as are
used in the other departments. In view of these circumstances, we
find that the employees in the defense plant may properly constitute
an appropriate unit. We also adopt the above-named exclusions
agreed upon by the Company and the C. I. O.
Guards: There are 25 or 30 guards employed by the' Company,
apparently only a few of whom spend their entire time at the defense
plant. All the guards are armed deputies and have the power to
the alleged appropiiate unit . The C. I. 0 submitted to the Trial Examiner 70 additional
cards, dated in September and October 1942, all of which bore apparently genuine original
signatures , and 18 of which bore the names of persons on the Company 's pay roll of
August 15 , 1942 , in the alleged appropriate unit.
The A. F. of L. submitted no proof of representation . It apparently made an appearance
only for the purpose of expressing an interest in the , determination. of the proper unit,
and stated that it did not wish to appear on the ballot
3 Approximately 12 or 15 supervisors have been transferred from the hosiery and
lingerie plants . They are now considered by the Company as-defense plant employees.
606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
arrest. They are not on the defense plant pay roll nor are any of
them under the supervision of the defense plant superintendent.
Accordingly, we shall exclude them from the unit.
We find that all production and maintenance employees in the
defense plant, excluding shift foremen, foremen, foreladies, instruc-
tors, production clerks, works manager, superintendents, executives,
office. clerical, timekeepers, and guards, 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
JF
We shall direct.that the question concerning representation which
has "arisen be resolved by an election by' secret ballot among the
employees 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.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby-
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Real Silk Hosiery
Mills, Inc., Indianapolis, Indiana, 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, under the direction and supervision
of the Regional Director for the Eleventh Region, acting in this
matter as agent for the National Labor Relations Board; and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees 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 any such employees who did not
work during said 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 any who have since quit "or been
discharged for cause, to determine whether or not they 'desire to be
represented by American Federation of Hosiery Workers, Branch 35,
affiliated with the Congress of Industrial Organizations, for the pur-
poses-of collective bargaining. ' '