Union Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 4, 1944

57 N.L.R.B. 47 (N.L.R.B. 1944)

In the Matter Of UNION MANUFACTURING COMPANY and Los ANGELES
JOINT BOARD, AMALGAMATED C,tOTH ING WORKERS OF AMERICA,
1C..I.O.
Case No..1-R--23O8.-Decided July 4,194/
Mr. George A. Elstein, of Los Angeles, Calif., for the Company.
Katz, Gallagher di Margolis, by Mr. Milton S. Tyre, for the Amal-
gamated.
Mr. John Misterly, of Los Angeles, Calif., for the A. F. L.
Mr. John Pawlak, of Los Angeles, Calif., for the Independent.
Mr. Joseph Lepie, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF TILE CASE
Upon a •petition duly filed by Los Angeles Joint Board, Amalgam-
ated Clothing Workers of America, C. I. 0., herein called the Amal-
gamated, alleging that a question affecting commerce had arisen
concerning the representation of employees of Union Manufacturing
Company, Los Angeles, California, herein called the Company,-the
National Labor Relations Board provided for an appropriate hearing
upon due notice before William B. Esterman, Trial Examiner. Said
hearing was held at Los Angeles, California, on May 10, 11, and 12,
1944. The Company, the Amalgamated, United Garment Workers
of America, A. F. L., herein called the A. F. L., and Independent Union
of Clotting Workers, Inc., herein called the Independent, appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. At the hearing, the Company moved to
dismiss the petition contending that because of its existing contract
with the Independent, the limitation upon the expenditure of Board
funds set forth in the Labor-Federal Security Appropriation, Act,
1944, 57 Stat. 494, deprives the Board of jurisdiction in this proceeding.
We find no merit in the Company's contention since'the limitation
specifically refers to a "complaint case" and therefore, has no applica-
57 N. L. R. B, No. 8.
47
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion to a representation proceeding.' The Trial Examiner'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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT,
1. THE BUSINESS OF THE COMPANY
The Company 2 operates two plants, one' at El Paso, Texas, and*one
at Los Angeles, California. This proceeding concerns the employees
in the Los Angeles plant where the Company is engaged in the manu-
facture of men's work clothes. During the year 1943, the Company,
purchased raw materials and supplies in excess of $900,000 in value,
of which 95 percent was shipped to the Company' from points outside
the State of California. During the same period, the Company's sales
exceeded $1,000,000 in value, of which 40 percent was shipped to points
outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Los Angeles Joint Board, Amalgamated Clothing Workers of
America, affiliated with the ,Congress of Industrial Organizations, is
a labor organization admitting to membership employees of , the
Company. I
United Garment Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
Independent Union of Clothing Workers, Inc., is a labor organiza-
tion admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Amalgamated urges that all cutters, spreaders, markers, and
choppers employed at the Company's Los Angeles, plant, excluding
supervisory employees, constitute an appropriate ^ unit. The Com-
any, the A. F. L., and the Independent contend that such a unit is
inappropriate, and that the' appropriate unit should include all pro-
duction and maintenance emloyees engaged at that plant. It appears
that at present there are no spreaders, markers, and choppers employed
1 See Matter of California Door Company, 52 N. L. R. B. 68 , and subsequent cases.
2 Although not entirely clear, the record appears to indicate that one Morris Harris does
business under the trade name and style of Union Manufacturing Company.
I
UNION MANUFACTURING COMPANY 49
by the Company. All spreading, marking, and chopping is done by
cutters.
The Company has been dealing with the Independent for 7 years,
pursuant to collective bargaining agreements, as the representative of
all its employees at the Los Angeles plant. There is an existing agree-
ment between these parties covering all the Los Angeles plant work-
ers. The cutters have always maintained their membership in the
Independent and all are present members of that organization. The
record indicates that since 1937 cutters have served as members of the
board of directors and as presidents of the Independent, and that the
cutters have been continuously represented by the Independent. In
1941 the cutters secured both a 10 percent and 5 percent wage. increase
through the efforts of the Independent. From June 1937 to February
1944, the record discloses no affirmative action on the part of the cut-
ters, either individually or as a group, indicating any dissatisfaction
with the Independent. During this long period of time, by their
acquiescence, the cutters approved their representation by the Inde-
pendent in an industrial unit.'
In view of all these circumstances, we are of the opinion that the
unit requested by the Amalgamated is inappropriate for collective
bargaining purposes.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as stated in Section III, above, the bargaining unit sought
by the Amalgamated is inappropriate, we find that no question affect-
ing commerce has arisen concerning the representation of employees
of the Company in an appropriate bargaining unit.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of the Union Manufac-
turing Company, Los Angeles, California, filed by the Los Angeles
Joint Board, Amalgamated Clothing Workers of America, C. I. 0., be,
and it hereby is dismissed.
3 It is not until the present year that the cutters evinced an interest in an organization
other than the Independent.
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