The Rushton Co.

National Labor Relations Board - Board Decisions

Dec 18, 1943

53 N.L.R.B. 1398 (N.L.R.B. 1943)

In the Matter of W. W. RusnwN, M. P. Rus$TON, E. WIGHT R V811-
TON AND MARY R. THARPE , D/B/A THE RUSHTON COMPANY AND
ATLANTA PLAYTHINGS COMPANY and INTERNATIONAL LADIES' GAR-
MENT WORKERS UNION, LOCAL 275 , AFFILIATED WITH AMERICAN
FEDERATION OF LABOR
Case No. 10-B-1052.-Decided December 18, 19V
Mr. Robert P. McLarty, of Atlanta, Ga., for the Company.
Mr. Joseph Jacobs, of Atlanta, Ga., for the International.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Ladies' Garment Workers
Union, Local 275, affiliated with the American Federation of Labor,
herein called the International, alleging that a question affecting,
commerce had arisen concerning the representation of employees of
W. W. Rushton, M. P. Rushton, E. Wight Rushton and Mary R.
Tharpe, doing business as The Rushton Company and Atlanta Play-
things Company, herein called the .Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Charles W. Schneider, Trial Examiner. Said hearing was held
at Atlanta, Georgia, on November 13, 1943. The, Company and the
International 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 Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
' Federal Union No. 22809, affiliated with American Federation of Labor, herein called
Local 22809, was served -A ith notice of hearing but did not appear.
53 N. L. R. B., No. 255.
1398
THE RUSHTON COMPANY 1399
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
W. W. Rushton, M. P. Rushton, E. Wight Rushton and Mary R.
Tharpe, doing business as The Rushton Company and Atlanta Play-
things Company, is a partnership, engaged in the manufacture and
sale of stuffed toys and dolls at Atlanta, Georgia. As raw materials
the Company uses various types of fabric cotton for stuffing, and
special parts, such as eyes, faces, voices, doll shoes, and socks, as well
as dress buttons, tags, elastic, and other similar materials . During the
fiscal year ending April 30, 1940, the Company purchased raw mate-
rials amounting to $261,528.89 in value, of which 78.3 percent was
shipped to Atlanta from points outside the State of Georgia. During
the same period, the Company sold its finished products valued at
$546,990.35, of which approximately 95 percent was shipped to points
outside the State of Georgia. The Company admits, and we find, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers Union, Local 275, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On June 16, 1943, the International requested the Company to rec-
ognize it as the exclusive bargaining representative of the employees.
The Company refused for the reason that it was in contractural rela-
tionship with Local 22809, and further contended that the contract,
hereinafter referred to, was a bar to this proceeding.
On September 12, 1942, following an election, the Board certi-
fied Local 22809 as the bargaining representative of the Company's
employees in* the unit hereinafter found to be appropriate.2 The
election upon which the above certification was based was held in
January 1942, and thereafter, on March 6, 1942, the Company and
Local 22809 entered into a closed-shop contract dealing with wages,
hours, and other conditions of employment, effective to December
31, 1943. The contract further provided that unless written notice
of desire to terminate, review, or modify the agreement was given
9 Matter of The Rushton Company, et al., 43 N. L. R. B. 1358.
1400 DECISIONS OF NATIONAL -LABOR RELATIONS BOARD
either party 6 months prior to the expiration date, the contract would
be automatically renewed for another calendar year.
On January 2, 1943, the officials and members of the executive com-
mittee of Local 22809, by letter, requested the Southeastern Regional
Office of the International to accept their ,membership in the Inter-
national and to issue them a local charter. The letter stated that the
members of Local 22809 were dissatisfied, and that the disintegration
of the Local was imminent. Early in March 1943, at a special meet-
ing of Local 22809, attended by about 150 employees of the Company,
a motion was made and carried unanimously, except for one person
not voting, to change its affiliation to the International. On April
13, 1943, the Southern Office of The American Federation of Labor
transferred jurisdiction over the Company's employees to the Inter-
national. The charter of Local 22809 was also transferred to the
International as their subordinate Local No. 275, the officers remain-
ing the same. Under the foregoing circumstances, and in view of
the fact that the contract is about to expire and the International has
given timely notice of its representation claim, we find that the con-
tract between the Company and Local 22809 does not constitute a bar
to this proceeding.3
A statement of-the Field Examiner, introduced into evidence at the
hearing, indicates that the International represents a substantial
number of employees in the unit hereinafter found appropriate.'
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
We find; substantially in accordance with a stipulation of the
parties, that all production and maintenance employees of the Com-
pany, excluding the sales force, clerical and 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
I Matter of Hueneme Wharf & Warehouse Company, 39 N. L. R. B. 636.
4 The Field Examiner reported that the International submitted 93 union designation
slips all of which bore apparently genuine signatures ; that the names of 80 persons ap-
pearing on the cards were listed on the Company 's pay roll of October 30, 1943, which
contained the names of 201 employees in the appropriate unit. A representative of the
International testified that the designation slips were signed on or about October 29, 1943.
THE RUSHTON COMPANY 1401
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concern ing 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 5
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with W. W. Rushton,
M. P. Rushton, E. Wight Rushton and Mary R. Tharpe, doing busi-
ness as The Rushton Company and Atlanta Playthings Company,
Atlanta, Georgia, 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 Tenth 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 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 or not they desire to be represented by Interna
tional Ladies' Garment Workers Union, Local 275, affiliated with the
American Federation of Labor, for the purposes of collective bar-
gaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
" The International has waived the right to object to any election ordered herein on the
basis of charges filed in Case No . 10-C-1331.