Salant & Salant, Inc.

National Labor Relations Board - Board Decisions

Jun 26, 1946

69 N.L.R.B. 84 (N.L.R.B. 1946)

In the Matter of SALANT & SAL ANT, INC. and AMALGAMATED CLOTHING
WORKERS OF AMERICA, C. I. O.
Case No. 15-R-1675.-Decided June 26, 1946
Mr. T. Lowry Whittaker, for the Board.
Messrs. Joseph Martin and Carnsack Cochran, of Nashville, Tenn.,
for the Company.
Messrs. Harold S. Marthenke and Edward A. Blair, of Nashville,
Tenn., for the C. 1. 6.
Mrs. Ida Lee Merchant and Miss Mary Sue Densmore, of Union City,
Tenn., for the A. F. L.
Mr. Tom Elam, of Union City, Tenn., for the Shirt Makers.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Clothing Workers of
America, C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Salant & Salant, Inc., Union City, Tennessee, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Thomas S. Adair, Trial
Examiner. The hearing was held at Union City, Tennessee, on May
14, 1946. The Company, the C. I. 0., United Garment Workers of
America, A. F. L., herein called the A. F. L., and Shirt Makers Wel-
f are Association, Union City, Tennessee, herein called the Shirt Makers,
appeared and participated. 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 C 1 0 filed a waiver of any right to object to any election which may be held in
the instant proceeding on the basis of any of the acts alleged as unfair labor practices an
Case No 10-C-1354
In the course of the hearing, the representative of the Shirt Makers requested permis-
sion to withdraw from the hearing, consenting at the same time to the conduct of the hear-
ing in his absence The request was granted As a consequence , the Shirt Makers' position
on certain issues was not adduced at the hearing
69 N. L. R. B., No. 8.
84
SALANT & SALANT, INC. 85
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
Salant & Salant, Inc., a New York corporation with its principal
office in New York City, is engaged in the manufacture and distribu-
tion of work shirts and pants. The Company operates seven plants
in the State of Tennessee; of these, only the Union City and Obion
plants are involved in this proceeding. Annually, each plant con-
cerned receives raw materials valued in excess of $100,000, of which
almost all represents shipments from sources outside the State. Dur-
ing the same period, each plant manufactures and distributes finished
products valued in excess of $100,000, of which virtually all represents
shipments to customers outside the State.
For the purposes of this proceeding, the Company admits, and we
find, that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
United Garment Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
Shirt Makers Welfare Association, Union City, Tennessee, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of any of its employees until the
C. I. O. has been certified by the Board in an appropriate unit.
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. seeks a unit of all production and maintenance em-
ployees of the Company's Union City plant, including machinists
and watchmen, but excluding clerical employees, administrative and
executive employees, and supervisors. The Company agrees generally
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the composition of the unit sought by the C. I. 0., except that it
would include certain foreladies as production employees; it also
differs with the C. I. O. as to the scope of the unit in that it would
include employees at both the Union City and the Obion plants. The
A. F. L. takes the same position as the Company with respect to the
composition of the unit, but does not indicate its position as to the
unit's scope. The Shirt Makers also agrees generally as to the com-
position of the unit sought by the C. I. 0., but withdrew from the
hearing before indicating its position on either the inclusion of the
foreladies or the scope of the unit.
Scope of the unit
The Company's plants in Union City and Obion are located ap-
proximately 16 miles apart. Both plants are engaged in the manu-
facture of flannel and other types of work shirts. The Obion plant's
functions are somewhat limited by the fact that the Union City plant
receives, cuts and supplies all raw materials for the Obion plant, and
after processing by the latter, warehouses the finished products pend-
ing orders from the New York office. In addition, the clerical work
for both plants is handled at Union City, including the preparation of
pay rolls and pay checks, and the submission of joint inventories. How-
ever, each plant is supervised by its own superintendent or manager
who is responsible directly to the New York office for its operations.
Each plant superintendent or manager has complete authority to hire
and discharge and is afforded wide latitude in his labor policies, sub-
ject to the general directives of the New York office. Furthermore,
there is almost no interchange of employees between plants, and sep-
arate maintenance crews are employed for each plant. Although wel-
fare and vacation plans and wages are similar, beginning and quitting
times differ, morning recesses are granted only at the Union City plant,
and the "bundle" system of production is used at Obion, whereas
both the "bundle" and "line" systems are used at Union City. In addi-
tion, there is no prior history of collective bargaining at either plant,
and neither the C. I. 0., the A. F. L., nor the Shirt Makers has ex-
tended its organizational efforts to the Obion plant. Under these
circumstances, we are of the opinion that the employees at the Union
City plant are a distinct cohesive group capable of functioning as
a separate unit for collective bargaining purposes.2
Foreladies
The parties are in dispute as to the supervisory status of 8 fore-
ladies who assist the head forelady in her supervisory duties. Each
of these foreladies is responsible for the work of from 23 to 45 em-
2 See Matter of May, McEwen, Kaiser Company, 66 N L R B 1$41, and Matter of M B
Manufdcturang Company, Inc ., 53 N L. R B. 1029.
SALANT & SALANT, INC. 87
ployees, attends periodic supervisor meetings, and spends practically
all her time overseeing the work of her subordinates. Although the
foreladies have no authority to hire or discharge, they submit reports
on the performance of their subordinates and these reports are relied
upon and form the basis of action taken by the head forelady. The
wages of foreladies are generally higher than those of their subordi-
nates and are equal or comparable to those of employees who are ad-
mittedly supervisors. We are therefore of the opinion that the fore-
ladies are supervisory employees within the Board's customary
definition of that term and shall exclude them from the unit.'
We find that all production and maintenance employees of the
Company at its Union City, Tennessee, plant, including machinists and
watchmen, but excluding clerical employees, administrative and ex-
ecutive employees, foreladies, and all other 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 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Salant & Salant,
Inc., Union City, Tennessee, an election by secret ballot shall be con-
ducted 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 Fifteenth 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 em-
ployees 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
' See Matter of Salant and' Salant , Inc., 55 N. L . it. B 752.
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period because they were ill or on vacation or temporarily laid
ofi, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding 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 they desire to be represented by Amalgamated
Clothing Workers of America, C. 1. 0., or by United Garment Workers
of America, A. F. L., or by Shirt Makers Welfare Association, Union
City, Tennessee, for the purposes of collective bargaining, or by none
of these organizations.