A. D. Juilliard & Co., Inc.

National Labor Relations Board - Board Decisions

Jul 14, 1941

33 N.L.R.B. 437 (N.L.R.B. 1941)

In the Matter of A. D. JIIILLIARD & Co., INC. and FEDERATION OF
WOOLEN AND WORSTED WORKERS OF AMERICA, U. T. W. A., AFFILIATED
wITH THE A . F. OF L. .
Case No. R- 595.Decided July 14, 1941
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by Board ; contract not asset ted
as a bar ; eligibility to be determined from two consecutive pay-roll periods ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, watchmen, and truck drivers, excluding executives, superintendents,
assistant superintendents, overseers, and general office employees ; agreement to.
Mr. D. R. Dimick, for the Board.
Mr. Henry Klein, of New York City, for the Company.
Mr. Henry M. Katz, of New York City, for the U. T. W. A.
Mr. David Jaffe, of New York City, for the T. W. U. A.
Mr. Marvin C. Wald, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 1, 1940, Federation of Woolen and Worsted Workers
of America, U. T. W. A., affiliated with the A. F. of L., herein called
the U. T. W. A., filed with the Regional Director for the Second Region
(New York City) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of A. D.
Juilliard & Co., Inc., Stottville, New York, herein called the Company,
and requesting an investigation and certification of representatives,
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 9, 1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c).
of the Act and Article III, Section 3, of National Labor R3lations
Board Rules and Regulations-Series 2, as amended, ordered an inves-
tigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice. On May 19, 1941,
33 N. L. R. B., No. 80.
437
438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Regional Director issued a notice of hearing, copies of which
were duly served upon the Company, the U. T. W. A., and Textile
Workers Union of America, C. I. 0., herein called the T. W. U. A., a
labor organization claiming to represent employees directly affected
by the investigation.
Pursuant to notice, a hearing was held on May 27, 1941, at Stott-
Ville, New York, before Gustaf B. Erickson, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the U. T.
W. A., and the T. W. U. A. were represented by counsel and par-
ticipated in the hearing. 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 various rulings on motions and on objec-
tions 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. After the hearing
T. W. U. A. filed with the Board a motion to dismiss the petition on
the ground that the U. T. W. A. had made no showing of current
representation. The motion is hereby denied.- On June 9, 1941,
T. W. U. A. filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. D. Juilliard & Co., Inc., is a Delaware corporation having its
principal office at New York City. It owns and operates a number of
factories and plants throughout the country. At its plant located at
Stottville, New York, the only plant with which this case is con-
cerned, the Company manufactures and distributes wool and textiles.
The principal raw materials which it uses are wool, cotton, silk, and
rayon. In 1940' the Company purchased raw materials valued in
excess of $2,000,000, 75 per cent of which was shipped from points
outside of New York. Thirty-five per cent of its products valued
at more than $2,300,000, was sold and shipped outside of the State
of New York. The Company admits that it is engaged in interstate
commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Federation of Woolen and Worsted Workers of America, U. T.
W. A., affiliated with the American Federation of Labor, is a labor
organization which, admits to membership employees of the Company.
3 See Section III, infra.
A. D..JUILLIARD & C0., INC. 439
. Textile Workers Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization which also
admits to membership employees of the Company.
iir. THE QUESTION CONCERNING REPRESENTATION
On September 25, 1940, U. T. W. A. wrote a letter to the Company
requesting that the Company hold a conference with it for the pur-
poses of adjusting several alleged grievances and of consummating
a collective bargaining agreement. On September 27, 1940, the Com-
pany replied that it would not recognize the U. T. W. A. as the col-
lective bargaining representative of its employees because of an
existing agreement between the Company and the T. W. U. A. The
Company further stated ' that it intended to abide by the existing
agreement until the Board certified a different representative.
Following a consent election on August 10, 1939, which T. W. U. A.
won,2 the Company entered into an agreement with T. W. U. A.,
dated February 21, 1940. The agreement does not contain a closed-
shop provision. It provides that it shall continue in force until
August 25, 1941, and from year to year thereafter unless terminated
or modified by either party on 60 days' written notice to the other
party. At the time of the hearing neither party had given notice
of intention to terminate or modify the agreement.3 No claim is
made that the contract constitutes a bar to an investigation and
determination of representatives.4
A statement by the Regional Director was introduced in evidence
and shows that U. T. W. A. represents a substantial number of
the employees in the unit which is alleged to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
'The result of that election was as follows :
Total number eligible to vote_________________________________________ 709
Total number of ballots counted_______________________________________ 699
Total number of votes in favor of U. T. W. A____________________________ 332
Total number of votes in favor of T. W. U. A____________________________ 364
'Matter of The American Coach & Body Co. and International Union, United Automobile
Workers of America, Local 755 ( C. I. 0.), 28 N. L. R. B 508.
4Matter of Buffalo Pipe & Foundry Corporation and The Indeliendent Sanitary Iron
Moulders Union, 26 N. L. R. B. 848.
8 The evidence submitted to the Regional Director consisted of (1) 324 application cards
dated between July 1 and July 31 , 1939, bearing signatures which appeared to be genuine.
Of this number 251 bear names which appear on the Company's May 17 , 1941, pay roll,
which contains 789 employees in all . ( 2) Duplicate sheets of the local day book of
U. T. W. A. for the period immediately following the filing of the petition, showing alleged
dues payments for September and October 1940, containing 380 names , 334 of which appear
on said May 17, 1941, pay roll. T. W. U. A. submitted no evidence to show its representa-
tion but relied upon its contract with the Company.
T. W. U. A. objected to the Regional Director 's statement on the grounds that the evidence
which the petitioner submitted to the Regional Director failed to indicate current represen-
tation and was fraudulent . The Trial Examiner did not permit the T. W. U. A. to adduce
evidence or subpena witnesses to support these contentions . His ruling is affirmed.
440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agreed, and we find, that all production and maintenance
employees, watchmen, and truck drivers of the Company, excluding
executives, superintendents, assistant superintendents, overseers, and
general office employees, constitute a unit appropriate for the pur-
poses of collective bargaining.(' We find further that said unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. U. T. W. A. and T. W. U. A. agreed that,
in the event of an election, a current pay roll be used. The Company
took no position as to the pay-roll date, but requests that eligibility of
employees to vote be determined by two consecutive pay-roll periods
because regular production employees are rotated each week during
slack, seasons. Under such circumstances, we shall direct that the
employees of the Company eligible to vote in the election shall be the
employees within the appropriate unit, who were employed during
one or the other of two consecutive pay-roll periods immediately
preceding the date of the Direction of Election, subject to such
limitations and additions as are set forth in the Direction of Election.
U. T. W. A. and T. W. U. A. desire that temporary employees, who
have been hired by the Company since March 15,1941, for the seasonal
period while production was at a peak, be ineligible to vote. The
Company takes no position as to their eligibility. We shall not per-
mit them to vote at the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
"The agreement between T. W. U. A. and the Company , dated February 21, 1940 , covers
the employees in this unit.
A. D. JUILLIARD & CO., INC . 441
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of A. D. Juilliard & Co., Inc., Stottville,
New York, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees, watchmen, and truck
drivers of the Company, excluding executives, superintendents, assist-
ant superintendents, overseers, and general, office employees, 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 Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with A. D. Juilliard & Co., Inc., Stottville, New York, 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 of Election,
under the direction and supervision of the Regional Director for
the Second Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees, watchmen, and truck drivers of A. D. Juilliard & Co., Inc.,
Stottville, New York, who were employed by the Company during
one or the other of the two consecutive pay-roll periods immediately
preceding the date of this Direction of Election, including any em-
ployees who did not work during such pay-roll periods because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding temporary
employees, executives, superintendents, assistant superintendents,
overseers, and general office employees, and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by Federation of Woolen and Worsted Workers of
America, U. T. W. A., affiliated with the A. F. of L., or Textile
Workers Union of America, affiliated with the C. 11. 0., for the purposes
of collective bargaining, or by neither.