The Ford Manufacturing Company

National Labor Relations Board - Board Decisions

Dec 15, 1938

10 N.L.R.B. 677 (N.L.R.B. 1938)

In the Matter of THE FORD MANUFACTURING COMPANY and WATER-
FORD KNIT GOODS WORKERS' UNION, No. 21302, A. F. OF L.
Case No. R-1119.Decided December 15, 1938 -
Knit Goods Mannfactu?ing Industry-Investigation of Representatives: con-
troversy concerning representation of employees : rival, organizations-Unit Ap-
propriate for Collectwe Bargannting: all employees, excluding executives, foremen,
foreladies, office help, and supervisory employees directly connected with office-
of Company-Election Ordered .
Mr. Daniel Baker, for the Board.
Mr. John Van Vairenewyck, of Albany, N. Y:, -for Knit Goods-
Workers.
Mr. Alfred Udoff, of New York City, for the O. C.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June .30, 1938, Waterford Knit Goods Workers' Union, No..
21302, herein called Knit Goods Workers, filed with the Regional-
Director for the Second Region (New York City) a petition alleg-
ing- that a question affecting commerce had arisen concerning the
representation of employees of The Ford Manufacturing Company,
Waterford, New York, herein called the Company, and requesting-
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On October 22, 1938, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations.
Board Rules and Regulations-Series 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On October 26, -1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
its president, Arthur Reis, upon the Knit Goods Workers, and upon
' Order permitting withdrawal of petition issued February 8, 1939, 11 N. L R. B , No 14-
10 N. L. R. B., No. 54.
677
147841-39-vol. 10-44
678 NATIONAL LABOR RELATIONS BOARD
Textile Workers Organizing Committee, herein called the T. W. O. C.,
a labor organization claiming to represent employees directly affected
by the investigation. On October 31, 1938, the Regional Director
issued a notice of postponement of the hearing, copies of which were
duly served upon the above parties. Pursuant to the notice of post-
ponement, a hearing was held on November 4, 1938, at Albany, New
York, before Mapes Davidson, the Trial Examiner duly designated
by the Board. The Board was represented by counsel and the Knit
Goods Workers and the T. W. O. C. were represented by their
representatives, and participated in the hearing. A representative
of the Company testified with respect to the position of the Company
upon the various issues. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hearing,
the Trial Examiner made several rulings on motions and on an
objection to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FAG°r
I. THE BUSINESS OF THE COMPANY
The Ford Manufacturing Company, wholly owned by Robert Reis
& Co., a New York corporation, is engaged in the manufacture of
knit goods at Waterford, New York. It buys over $200,000 worth
of raw materials consisting of yarns and piece goods and the value
of its shipments is over $200,000. More than 80 per cent of the raw
materials are obtained outside the State of New York. The finished
product is shipped to Robert Reis & Co., which in turn distributes
the goods to localities throughout the country. Over 50 per cent
of all goods are shipped by Robert Reis & Co. outside the State of
New York.
The Company states that "its operations are of Inter-State char-
acter within the meaning of the N. L. R. B. Act."
II. THE ORGANIZATIONS INVOLVED
Waterford Knit Goods Workers' Union, No. 21302, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to its membership "all employees of the Company, excluding
executives, foremen, foreladies, office help, and supervisory personnel
directly connected with the office of the Company."
Textile ' Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization. It ad-
DECISIONS AND ORDERS 679
mits to its membership "all employees of the Company, excluding
executives, foremen, foreladies, office help, and supervisory personnel
directly connected with the office of the Company."
III. THE QUESTION CONCERNING REPRESENTATION
About February 1938 the Knit Goods Workers began attempts
to negotiate with the Company relative to a contract and in June
1938 called a strike for the purpose of showing that it represented
a majority of the employees and in an effort to procure the settle-
ment of certain grievances. It appears that at such times there was
in effect an agreement between the Company and the Committee
for Industrial Organization, but that such contract expired the
last week in July 1938. The strike ended upon an agreement of
the Company to continue in effect the provisions of the aforesaid
contract until an election was held to determine what organization
represented a majority of the employees and its agreement to bargain
with the organization chosen by a majority of the employees. Both
the Knit Goods Workers and the T. W. O. C. claim to represent
such majority.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead and has led to labor disputes burdening and
obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the Knit Goods Workers and the T. W. O. C.
agreed that all employees of the Company, excluding executives,
foremen, foreladies, office help, and supervisory employees directly
connected with the office of the Company, constituted an appropriate
unit. The Company also apparently concurred in the appropriate-
ness of such unit.
We find that all employees of the Company, excluding executives,
foremen, foreladies, office help, and supervisory employees directly
connected with the office .of the Company, constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
680 NATIONAL LABOR RELATIONS BOARD
will insure to'employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Neither the Knit Goods Workers nor the T. W. O. C. submitted
any membership cards or other similar, evidence with regard to the
number, of employees of the Company which they represented. We
find, therefore, that the question which has arisen concerning rep-
resentation can best be resolved by the holding of an election by
secret ballot.
The record indicates that all parties felt that eligibility to vote in
an election might appropriately be determined upon the basis of the
pay-roll period nearest June 30, 1938. We shall, therefore, direct
that the election shall be held among those employees of the Coin-
pany within the appropriate unit who were employed during the
pay-roll period nearest June 30, 1938, excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes, the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Ford Manufacturing Company, Water-
ford, New York, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All the employees of the Company, excluding executives, fore-
men, foreladies , office help, and supervisory employees directly con-
nected with the office of the Company, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series I, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with The Ford Manufacturing Company, Waterford, New York,
an,election by secret ballot shall be conducted within fifteen (15)
DECISIONS AND ORDERS 681
days from the date of this Direction,, under-the direction and super-
vision of the Regional Director for the, Second Region,, acting in this
matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations-Series
1, as amended, among all the employees of the Company who were
employed during the pay-roll period nearest June 30, 1938, excluding
executives, foremen, foreladies, office help, and supervisory em-
ployees directly connected with the office of the Company and ex-
cluding also employees who have-since quit or been discharged for
cause, to determine whether they wish to be represented by Water-
ford Knit Goods Workers' Union, No. 21302, affiliated with the
American Federation of Labor, or by the Textile Workers Organ-
izing Committee, affiliated with the Committee for Industrial Or-
ganization, for the purposes of collective bargaining, or by neither.
SAME TITLE]
AMENDMENT TO DIRECTION OF ELECTION
December 28, 1938
On December 15,193 89 the National Labor Relations Board, herein
called the, Board, issued a , Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election directed that an
election by secret ballot be conducted among all the employees of The
Ford Manufacturing Company, herein called the Company, who were
employed during the,pay-roll period nearest June 3Q, 1938, excluding
executives, foremen, foreladies, office help, and supervisory employees
directly connected with the office of the Company and excluding also
employees who have since quit or been discharged- for cause, to de-
termine whether they wish to be represented by Waterford Knit
Goods Workers' Union, No. 21302, affiliated with the American Feder-
ation of Labor, or by the Textile Workers Organizing Committee,
affiliated with the Committee for Industrial Organization, for the
purposes of collective bargaining, or by neither.
Having been advised by the Textile Workers Organizing Com-
mittee and also by the Regional Director for the Second Region
that the Textile Workers Organizing Committee does not wish its
name to appear on the ballot, the Board hereby amends its Direction
of Election by striking therefrom the words "they wish to be repre-
sented by Waterford Knit Goods Workers' Union, No. 21302, affiliated
with the American Federation of Labor, or by the Textile Workers
Organizing Committee, affiliated with the Committee for Industrial
Organization, for the purposes of collective bargaining, or by
682 NATIONAL LABOR RELATIONS BOARD
neither" and substituting therefor the words "or not they wish to be
represented by Waterford Knit Goods Workers' Union, No. 21302,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining."
10 N. L. R. B., No. 54a.
[SAME TITLE
SECOND AMENDMENT TO DIRECTION OF ELECTION
December 29, 1938
On December 15, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding. On December 28, 1938, the Board
issued an Amendment to the Direction of Election. The Direction
of Election, as amended, directed that an election by secret ballot be
conducted within fifteen (15) days from the date of the Direction,
issued on December 15, 1938, among all the employees of The Ford
Manufacturing Company, herein called the Company, who were em-
ployed during the pay-roll period nearest June 30, 1938, excluding
executives, foremen, foreladies, office help, and supervisory employees,
directly connected with the office of the company and excluding also
employees who have since quit or been discharged for cause, to deter-
mine whether or not they wish to be represented by Waterford Knit
Goods Workers' Union, No. 21302, affiliated with the American Fed-
eration of Labor, for the purpose of collective bargaining.
At the request of the Regional Director for the Second Region the
Board hereby amends its Direction of Election, issued on December
15, 1938, as amended on December 28, 1938, by striking therefrom the
words "within fifteen (15) days from the date of this Direction" and
substituting therefor the words "within thirty (30) days from the
date of this Direction."
10 N. L. R. B., No. 54b.