Terri Lee, Inc.

National Labor Relations Board - Board Decisions

Mar 24, 1953

103 N.L.R.B. 995 (N.L.R.B. 1953)

TERRI LEE, INC. 995
Accordingly, we find that, as there is no prospect of reemployment
of the employees in question, they are ineligible to participate in the
election.4
[Text of Direction of Election omitted from publication in this
volume.]
C. D. Beck t Company , Inc., 96 NLRB 1130.
TERRI LEE, INC., TERRI LEE OF CALIFORNIA, AND CONNIE LYNN MFG.
CORP.' and SOUTHERN CALIFORNIA OUT-OF-TOWN DEPARTMENT OF
THE INTERNATIONAL LADIES' GARMENT WORKERS' UNION, A. F. L.,
PETITIONER. Case No. f1-RC-2797. March 24, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Max Steinfeld, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
9 (c) (1) andSection 2 (6) and (7) of the Act.
4. The parties agree that the following employees constitute a unit
appropriate for the purposes of collective bargaining : All production
employees at the Employers' three plants in Apple Valley, California,
but excluding office and clerical employees, watchmen, guards, pro-
fessional employees, maintenance men, patternmakers and designers,
and supervisors as defined in the Act.2 The parties disagree, however,
as to the inclusion of soldiers and homeworkers in the unit.
Soldiers: The Petitioner would exclude from the unit soldiers who
are enlisted personnel on active duty in the United States Air Force
1 At the hearing the Petitioner' s motion to include Connie Lynn Mfg. Corp. as an
employer was granted without objection.
'In their brief to the Board the Employers withdrew their objection to a multiplant
unit which was raised at the hearing and agreed to the inclusion of all three companies
in a single bargaining unit.
103 NLRB No. 96.
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stationed nearby at George Air Force Base . The Employers would
include them. These employees are employed by Connie Lynn Mfg.
Corp. and are scheduled for regular work on the night shift Monday
through Friday and on the day shift on Saturday. They perform the
same general duties and are subject to substantially the same working
conditions as other employees. As our unit determination is based
upon occupational categories , all soldiers working at jobs within the
unit are necessarily, with respect to such jobs, within the unit, irre-
spective of the number of hours of employment .3 Accordingly, we
shall include them in the unit.
Homeworkers: During the past production season Terri Lee, Inc.,
employed approximately 25 homeworkers. The Petitioner would ex-
clude such employees from the unit, whereas the Employers would
include them. These employees work in their homes without super-
vision, performing the necessary sewing operations in the manufac-
ture of doll garments. They pick up the materials at the plant and
deliver the doll garments in finished form. The only control exer-
cised over the manufacture of the doll garments is the inspection of
the finished product. As the interests and conditions of employment
of the homeworkers are different from those of the production em-
ployees in the plant, we shall exclude them from the unit .4
We find that the following employees of the Employers constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (c) of the Act: All production employees
at the Employers' three plants in Apple Valley, California, including
soldiers, but excluding office and clerical employees, maintenance men,
patternmakers and designers, homeworkers, professional employees,
watchmen, guards, and supervisors as defined in the Act.
5. As indicated above, soldiers are regular employees. Accordingly,
they are eligible to vote in the election .5
The Petitioner requests the Board to use the November 25, 1952,
payroll to determine voting eligibility. The Employers oppose this
request. The Employers' production period is seasonal . Operations
usually begin about the first of April and last until approximately
the middle of December. During the past production season the
Employers employed approximately 150 to 200 employees. At the
time of the hearing only approximately 25 employees were employed.
In these circumstances, we shall follow, contrary to the Petitioner's
request, our well-established practice and direct that an election be
held in the approaching season on the date to be determined by the
Regional Director among the employees in the appropriate unit who
3 Lone Star Boat Mfg. Co., 94 NLRB 19.
4 R. L. Polk d Co., 91 NLRB 443. There is some question whether the State of California
will permit Terri Lee, Inc., to employ homeworkers in the future.
5 Lone Star Boat Mfg. Co., supra.
SAWYER INDUSTRIAL SHEET METAL FABRICATORS 997
are employed during the payroll period immediately preceding the
date of the issuance of the notice of election.
[Text of Direction of Election omitted from publication in this
volume.]
C. E. SAWYER, D/B/A SAWYER INDUSTRIAL SHEET METAL FABRICATORS
and SHOPMENS' LOCAL UNION #539 OF THE INTERNATIONAL ASSOCIA-
TION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS,
A. F. OF L. Case No. 10-CA-1402. March 25,1953
Decision and Order
Upon original and amended charges duly filed by Shopmens' Local
Union #539 of the International Association of Bridge, Structural
and Ornamental Iron Workers, A. F. of L., herein called the Union,
the General Counsel for the National Labor Relations Board, herein
referred to as the General Counsel and the Board, respectively, by
the Regional Director for the Tenth Region (Atlanta, Georgia), duly
issued a complaint alleging that C. E. Sawyer, d/b/a Sawyer Indus-
trial Sheet Metal Fabricators, herein called the Respondent, had en-
gaged in and was engaging in unfair labor practices affecting com-
merce within the meaning of Section 8 (a) (1), (2), and (5), and
Section 2 (6) and (7) of the National Labor Relations Act, as
amended (61 Stat. 136), herein referred to as the Act. Copies of
the complaint, charges, amended charges, and notice of hearing were
duly served upon the Respondent and the Union.
With respect to the unfair labor practices, the complaint, as
amended at the hearing, alleged in substance that the Respondent :
(1) On or about September 13, 1951, and on various dates thereafter,
has refused to bargain collectively with the Union as the exclusive
representative of his employees in an appropriate unit; ( 2) on or
about October 29, 1951, initiated, formed, sponsored, and promoted a
committee among his employees and thereafter assisted, dominated,
and contributed to the support of, and interfered with the adminis-
tration of, the Committee; and (3) on or about October 29 and Octo-
ber 31, 1951, interrogated his employees about their union member-
ship, sympathies, desires, and activities, and promised employees eco-
nomic benefits to induce them to refrain from remaining members of
or assisting the Union.
The Respondent, in its answer duly filed, denied the commission
of any of the unfair labor practices alleged in the complaint. He
asserted, in substance, that approximately 2 weeks prior to Novem-
ber 19, 1951, after presenting a proposed new contract to him, the
Union threatened him and told him it was preferring charges against
103 NLRB No. 88.
257965-54-vol . 103-64