Wells-Lamont Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1942

46 N.L.R.B. 484 (N.L.R.B. 1942)

In the Matter of WELLS-LAMONT CORPORATION and AMALGAMATED
CLOTHING WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-4648.-Decided December 29, 19J2
Jurisdiction : gloves manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without Board certification ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees, excluding
maintenance employees, foremen, assistant foremen and supervisors, office
employees, watchmen and truck drivers ; stipulation as to.
Mr. C. K. Waite, of Louisiana , Mo., for the Company.
Miss Marie Kiely, of Louisiana, Mo., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petition duly filed by Amalgamated Clothing Workers of
America, affiliated with the C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Wells-Lamont Corporation at its plant
located at Louisiana, Missouri , herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Jack G. Evans, Trial Examiner. Said hearing
was held at Louisiana, Missouri, on December 4, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues.' The Trial Examin'er's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wells-Lamont Corporation is a Minnesota corporation, having its
principal office and place of business in Chicago, Illinois. The Com-
I International Glove Workers Union of America , a labor organization affiliated with
the American Federation of Labor, notified an agent of the Board that it had no interest
in the instant proceeding.
46 N. L. R. B., No. 59.
484
WELLS-LAMONT CORPORATION 485
pany operates a number of plants, one of which is located in Louisiana,
Missouri, which is involved in the instant proceeding. The Com-
pany is engaged in the manufacture, sale, and distribution of work
gloves. During the 12 months prior to December 4, 1942, the plant
involved in the instant proceeding purchased raw materials in excess
of $100,000, of which over 50 percent was shipped from points outside
the State of Missouri ; during the same period the Company manufac-
tured work gloves in excess of $100,000, of which over 50 percent was
transported from said plant to points outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
,membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 13, 1942, the Union requested the Company
by letter to bargain with it as the representative of certain of its
employees The Company refused this request until such time as the
Board determines the bargaining representative of its employees.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate 2
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
In accordance with a stipulation of the parties, we find that all
production employees, excluding maintenance employees, foremen,
assistant foremen and supervisors, office employees, watchmen and
truck drivers at the Company's Louisiana, Missouri, plant, 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 the em-
=The Regional Director reported - that the Union submitted 296 applicalion cards, all
of which bore apparently genuine original signatures ; 163 signatures were the names of
persons who were listed on the Company's pay roll of November 25, 1942. This pay roll
contained 268 names within the alleged appropriate unit.
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 2, as amended, it
is hereby
DIRECTED that,,as part of the investigation to ascertain repre,enta-
tives for the purposes of collective bargaining with Wells-Lamont
Corporation, Louisiana, Missouri, an election by secret ballot shall be
conducted as early, as possible, but not later than thirty (30) days
from the date of the Direction, under the direction and supervision of
the Regional Director for the Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board and subject
-to Article III, Section 10, of said Rules and Regulations, among they
{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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Amalga-
mated Clothing Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.