S. H. Camp and Co.

National Labor Relations Board - Board Decisions

Sep 16, 1943

52 N.L.R.B. 644 (N.L.R.B. 1943)

In the Matter of S. H. CAMP AND COMPANY and AMALGAMATED
`CLOTHING WORKERS OF ,AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-58441.-Decided September 16, 1943
Bisbee, MoKone, Badgley, and Mclnally, by Mr. Maxwell F. Badg-
ley, of Jackson, Mich., for the Company.
Mr. Frank Schaps, of Chicago, Ill., and Mr. Sebastian Cubeta, of
,Jackson, Mich., for the-Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Clothing Workers of
America, affiliated with the C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of S. H. Camp and Company, Marshall, Michi-
gan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Frederick
P. Mett, Trial Examiner. Said hearing was held at Marshall, Michi-
gan, on August 17, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, to introduce evidence bearing
on the issues, and to file briefs with the Board. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
S. H. Camp and Company is a Michigan corporation engaged in
the manufacture, distribution, and sale of surgical and orthopedic
supports. Its main operations are located at Jackson, Michigan. It
also operates plants at Marshall, Michigan, Windsor, Canada, and
52 N. L. R. B., No. 111.
644
S. H. CAMP AND COMPANY 645
one in England. Only the Marshall, Michigan, plant is involved
in this proceeding. ' During an average year the Company purchases
approximately 94.5 percent of raw materials used in its Michigan
plants from points outside the State of Michigan and ships approxi-
mately 97.7 percent of the products of its Michigan plants to points
outside the State of Michigan. All raw materials are received at
the Jackson plant. Part are then allotted and delivered to the Mar-
shall plant which returns finished products to Jackson for shipping.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 2, 1943, the Union, by letter, requested recognition as ex-
clusive bargaining representative of the employees at the Company's
Marshall plant. The Company did not answer the communication.
A statement of the Regional Director, introduced into evidence, in-
dicates that the Union represents a substantial number of employees
in the unit herein found appropriate.'
IV. THE APPROPRIATE UNIT
The Union contends that all of the production employees of the
Marshall plant except foremen, foreladies (including floorladies and
floorwalkers), office employees, supervisory employees, maintenance
employees, and two women whom it alleges are agents of the Com-
pany, constitute an appropriate unit. The Company contends that
the employees of the Marshall and Jackson plants together constitute
the only appropriate bargaining unit for its employees, and that floor-
ladies and floorwalkers and the alleged agents should be included
in the unit. The Company and the Union also differ as to the status
of three women'whom the Union classifies as clerical and the Com-
pany classifies as production employees. With the exception`of the
differences noted above, the parties are in agreement upon exclusions.
The Company maintains that the Marshall operations are merely an
extension of the Jackson operations; that the extension was located in
1 The Union submitted to the Regional Director 29 application -for-membership cards,
each bearing apparently genuine signatures, -22 of which corresponded with names of
persons on the Company 's pay roll for July 24, 1943, which contained 41 names in the
appropriate unit. They were dated : 21 in June 1943, 4 in July 1943 , 4 undated.
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Marshall because of lack of space and shortage of labor in Jackson;
and that the Marshall operations are, temporary and will be discon-
tinued when the conditions that prompted their inception cease to
exist. All raw materials are received at the Jackson plant., All cutting
is done there. After the garments have been cut and certain pre-
liminary steps taken in their manufacture, pieces for the manufacture
of five styles are sent to Marshall for completion.2 The finished prod-
ucts are packed at Marshall and returned to Jackson for distribution.
Rates of pay of employees of the two plants are not the same, but are
keyed to allow all to earn equal amounts. Other facts contained in the
record, however, far outweigh those relied upon by the Company in
support of its contention for a two-plant unit. The plants are 30 miles
apart; one is located in a community having a population of more than
50,000, the other in a community having a population of less than
10,000; there is no interchange of personnel between them. Hiring,
discharging, and disciplining is done at the respective plants. The
Company in collective bargaining relations has at all times dealt with
the Jackson plant only. Although the Marshall plant has been in
existence since August 1941, and the Jackson plant employees have
been represented by an unaffiliated union since 1939, this union has
not organized the Marshall plant employees. In January 1943, the
Company and the Union entered into a consent election agreement
covering the Jackson plant.3 The Company did not then raise the
issue of a multiple plant unit. Other situations have arisen in which
the plants could have been treated together or separately and the Com-
pany has consistently treated them as separate units .4
Since the Marshall plant has, since its inception, been treated by
both the Company and labor organizations as a separate unit, and
since it is sufficiently independent of the Jackson plant to warrant
such treatment, we shall find appropriate the basic,unit requested by
the Union.
1. Floorladies and floorwalkers: The employees in question are
Katherine Weatherwax and Evelyn Obenour, whom the Company
claims are production employees. They are paid an hourly rate of
12 to 15 cents lower than the forelady, while production workers are
all on piece work. They distribute work to the piece workers, instruct
them in the manner in which the work is to be performed, gather up
the work when it is completed, and return work which has failed to
pass inspection to the piece workers with instructions to rework the
same. They transmit the orders of the superintendent and the fore-
2 The Marshall plant handles only 5 styles . The Jackson plant handles 250 , including
the 5 made at Marshall.
3 Regional Case No 7-R-1266.
4 Wage scales for Jackson were submitted to the war Labor Board for approval. The
Board's recommendation was then followed in both plants.
S. H. CAMP AND COMPANY 647
lady to the piece workers and report any failure to carry out these
orders. They are regarded by the piece workers as assistants to the
forelady. We find that Weatherwax and Obenour are supervisory
employees and we shall exclude them as such from the unit.
2. Clerical emnployees: The employees in dispute are Eloise Randall,
who has worked in the Company's office 4 hours in the period since
January 1943, to the date of the hearing, Jennie Carver, who has
worked in the office 2 hours during that period, and Jean Randall,
who works in the office one-half to three-quarters of a day each week.
All three of these women have regular work in , production. The
Union also sought to establish that Eloise Randall and Jennie Carver
should be excluded on the ground they are spies for the Company.
The record fails to sustain this claim, even assuminug that evidence
with respect to it was relevant in a representation proceeding. We
find that Eloise Randall, Jennie Carver, and Jean Randall are produc-
tion employees and they will be included as such in the unit.
We find that all employees of the Company at its Marshall, Michi-
gan, plant, but excluding the janitor,5 clerical employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively 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 among the em-
ployees 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.
While the parties agree that employees on leave of absence are
eligible to vote, they differ as to the eligibility of Mrs. Walker and
Mrs. Lewis, who have gone to join their husbands who are in the Army.
The Union maintains that they are on leave, basing its contention on
alleged statements of the two women. The Company introduced the
women's separation notices, and testimony to the effect that the women
had left without notice and without requesting leave. The evidence
does not support the Union's contention, and we find that Walker and
Lewis have quit and are therefore ineligible to vote.
L The janitor is the only maintenance employee in the plant.
648 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
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 S. H. Camp and
Company, Marshall, Michigan, 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject 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 thet e United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Amalga-
mated Clothing Workers pf America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.