American Lady Corset Co.

National Labor Relations Board - Board Decisions

Oct 31, 1940

27 N.L.R.B. 1171 (N.L.R.B. 1940)

In the Matter of AMERICAN LADY CORSET COMPANY and INTERNATIONAL
LADIES' GARMENT WORKERS' UNION, LOCAL No. 318 (A. F. L.) . -
Case No. R-2075.-Decided October 31, 1940
Jurisdiction : foundation garment manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition to union ; election necessary.
Unit Appropriate for Collective Bargaining : employees within stated classifica-
tions, agreement as to.
. Mr. Leonard H. Weiner and Mr. 0. A. Marcus, of Detroit, Mich.,
for the Company.
Mr. Samuel B. Keene, of Detroit, Mich., for the Union.
Mr. Ben Law, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 20, 1940, International Ladies' Garment Workers' Union,
Local No. 318, herein called the Union, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition, and
on August 22, 1940, an amended petition, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of American Lady Corset Company, Detroit, Michigan,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Sep-
tember 24, 1940, 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 Regula-
tions-Series 2, as amended, issued an order directing an investigation
and authorizing the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On September 25, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to the notice, a hearing was held on October
27 N. L. R. B., No. 191
I
1171
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1, 1940, at Detroit, -Michigan, before Earl R. Cross, the Trial Ex-
aminer duly designated by the Board. The Company and the Union
were represented by counsel and participated 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 several
rulings upon objections to the admission of evidence. The Board
has reviewed all 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 FACT
I. THE BUSINESS OF THE COMPANY
American Lady Corset Company is engaged at its plant in Detroit,
Michigan, in the manufacture of foundation garments. It has 'about
'2400 customer accounts distributed among all parts of the'United
States and in various foreign countries. kBetween January 1 and
June 30, 1940, it sold goods valued at about $600,000. Over 50 per
cent of the raw material used by the Company have a source outside
Michigan and over 50 per cent of its finished products are sold and
delivered outside Michigan. The Company admits, for the purposes
of this proceeding, that it is engaged in interstate commerce. -
H. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers' Union, Local No. 318,
is"a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
In its amended petition the Union claimed that 146 of the Com-
pany's employees in an alleged appropriate unit of 250 employees
had designated and selected it as their representative for collective
bargaining. The evidence establishes that on one or more occasions
in the spring of 1940 the Union requested the Company for recogni-
tion as the collective bargaining agency for its employees, and that
the Company refused such request because it considered the Union's
proof of majority representation to be inadequate. At the hearing
the Company took the position that a question had arisen between
it and the Union concerning the representation of its employees in
that the Union claims that a substantial number of such employees
are members and the Company disputes this claim.
AMERICAN LADY CORSET COMPANY 1173
We find that a question has arisen concerning the 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 to'labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agreed at the hearing that the appropriate unit should
consist of employees of the Company classified as follows : "stitching,
seaming, binding, talons, zigzag stitching, lace stitching, brassier
stitching, stripper, marking and stamping, embroidery, patterns,
short chasers, checkers, repairs, hooks and eyes, ,folding, cutters,
marking, lay-up cloth, cloth stock, production helper, labels, backs,
shipping room, boning, errands, faggoting, buttons and buttonholes,
examining, shaping and examining, instructors, merrowing, pinking,
pressing, supporters, labels and borings, models, design pairs,'cloth
stock and stock room; expressly excluding, however, foremen, watch-
men, firemen, carpenters, cafe employees, machinists, printers, jani-
tors, elevator boys, supervisors, truck driver, and such employees as
are probationary and temporary."
We see no reason to depart from the unit agreed upon by the parties.
We -hereby find that said unit, described above, is appropriate for
the purposes of collective bargaining, that it will insure, to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining, and that it will otherwise effectuate 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.
At the hearing the Company and the Union joined in a stipulation
asking that- the Board conduct an election among the employees in
the unit, hereinbefore found to be appropriate, whose names appear
on the Company's pay roll of September 14, 1940, including those
temporarily laid off, ill, and on vacation, but excluding those who
have since quit or been discharged for cause, to determine if they wish
1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to be represented for purposes of collective bargaining by the Union.
We see no reason to depart from the wishes of the parties, as set forth
above, with'respect to eligibility of those to participate in the election.
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 ' i
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of American Lady Corset Company ,' Detroit,
Michigan , within the meaning of Section 9 ( c) and Section 2 (6) and
( 7), of the National Labor Relations Act.
2. Employees of the Company classified as follows : stitching, seam-
ing, binding , talons, zigzag stitching , lace stitching , brassiere stitching,
stripper, marking and stamping , embroidery , patterns, short chasers,
checkers , repairs , hooks and eyes , folding, cutters , marking, lay-up
cloth , cloth stock , production helper , labels, backs , shipping room,
boning, errands , faggoting , buttons and buttonholes , examining, shap-
ing and examining , instructors , merrowing , pinking, pressing, sup-
porters, labels and boxings, models, design pairs, cloth stock and stock
room; expressly excluding, however, foremen , watchmen , firemen,
carpenters , cafe employees ; machinists , printers , janitors, elevator boys,
supervisors , truck driver , and such employees as are probationary and
temporary, 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 Rela-
tions 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 American Lady Corset Company, Detroit, Michigan, 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 direc-
tion and supervision of the Regional Director for the Seventh 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 employees whose names appear on the Company's pay roll,
of September 14, 1940, in the following classifications : stitching, seam-
ing, binding, talons, zigzag stitching, lace stitching, brassiere stitching,
stripper, marking and stamping, embroidery patterns, short chasers,
checkers, repairs, hooks and eyes, folding, cutters, marking, lay-up
AMERICAN LADY CORSET COMPANY 1175
cloth, cloth stock, production helper, labels, backs, shipping room,
boning, errands, faggoting, buttons and buttonholes, examining, shap-
ing and examining, instructors, merrowing, pinking, pressing, sup-
porters, labels and boxings, models, design pairs, cloth stock and stock
room ; including employees in the above classifications temporarily
laid off, ill, and on vacation; expressly excluding, however, foremen,
watchmen, firemen, carpenters, cafe employees, machinists, printers,
janitors, elevator boys, supervisors, truck driver, such employees as
are probationary and temporary, and those employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by International Ladies' Garment Workers'
Union, Local No. 318, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.