Reliance Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 1025 (N.L.R.B. 1943)

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In the Matter of RELIANCE MANUFACTURING COMPANY and INTER-
NATIONAL LADIES GARMENT WORKERS UNION
Case No. 9-R-1174.-Decided September 09,1943
Mr. Julius Holzberg, of Cincinnati, Ohio, for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Ladies Garment Workers
Union, affiliated with the American Federation of Labor, herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Reliance Manufacturing
Company, Huntington, West Virginia, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Thomas E. Shroyer, Trial Examiner.
Said hearing was held at Huntington, West Virginia, on September
8, 1943. Prior to the hearing, counsel for the Company, who made no
appearance, moved for a continuance. The Trial Examiner denied
the motion. His action is hereby sustained.' The Union appeared
and participated; all parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
The parties were afforded opportunity to file briefs with the Board.
% From telegrams introduced into the record, it appears that the Company unnecessarily
attempted to delay the proceedings, both as to a prehearmg conference of the parties and
as to the hearing. 'Under these circumstances we conclude that the Trial Examiner' s ruling
denying the motion for a continuance was not an abuse of his discretion, nor do we find
t1.at any prejudicial error was committed thereby. We also note that since the date of the
hearing, the Company has offered no further objection to the holding of the hearing in the
absence of its counsel.
52 N. L. R. B., No. 178.
- 1025
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Reliance Manufacturing Company, an Illinois corporation, operates
several plants throughout the United States including its plant at
Huntington, West Virginia, which is the plant involved herein. This
plant is normally engaged in the manufacture of cotton dresses. In
addition to cotton dresses it now manufactures other garments under
contracts with the United States Government. During the last year
the principal raw materials used were cotton textile threads and
acetate rayons, of which over 90 percent, exceeding $100,000 in value,
was received from sources outside the State of West Virginia. During
the same period over 85 percent of the finished products, valued at more
than $100,000, was shipped to points outside the State of West Virginia.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Ladies Garment Workers Union, affiliated with the
American Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 28, 1943, the Union notified the Company that a majority
of the employees had selected it as their exclusive representative,
and requested a bargaining conference. The Company made no reply.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be 'ap-
propriate.2
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. TIIE APPROPRIATE UNIT
In substantial accord with the contention of the Union, we find that
all production employees, including operators, pressers, folders, boxers,
2 The Field Examiner repot ted that the Union submitted 577 application-for-membership
cards, all bearing apparently genuine original signatui es , tl at 417 bore dates in 1943 131
bore dates in 1942, and the remaindei boie dates prior to 1942 or were undated Although
the Company did not submit a pay roll for the cards to be checked against, it admitted that
these are approximately 700 employees in the Union 's claimed unit.
RELIANCE MANUFACTURING COMPANY 1027
bundle girls , belt boys and girls , and all other employees engaged in
actual production , but excluding clerical, maintenance and efficiency
employees, and all supervisory employees with authority to hire, pro -
mote, discharge , discipline , or otherwise effect changes in the status of
employees , or effectively recommend such action , constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing 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 means of 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 Relations 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 Reliance Manu-
facturing Company, Huntington, West Virginia, 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 , tinder the direction and
supervision of the Regional Director for the Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, 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 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 excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Ladies Garment Workers Union, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
549875-44-vol. 52-66