B. F. Hirsch, Inc.

National Labor Relations Board - Board Decisions

Aug 13, 1943

51 N.L.R.B. 1269 (N.L.R.B. 1943)

In the Matter of B. F. HIRscu, INC. and AMALGAMATED LOCAL 259,
UNITISED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORB-
ERS OF AMERICA, CIO
Case No. R-5637.-Decided August 13, 1943
Mr. Martin Rose, for the Board.
Air. Simon Gross, of New York City, for the Company.
Mr. Alexander E. Racolin,, of New York City, for the Amalgamated.
Mr. N. H. James, of New York City, for the International.
Mr. Henry L. Sperling, of New York City, for the Association.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended petition duly filed by Amalgamated Local 259,
United Automobile, Aircraft & Agricultural Implement Workers of
America, CIO, herein called the Amalgamated, alleging that a ques-
tion concerning the representation of employees of B. F. Hirsch, Inc.,"
New York City, herein called the Company, the National Labor Re-
lations Board provided, for an appropriate hearing upon due notice
before Robert N. Denham, Trial Examiner. Said hearing was held at
New York City on July 7, 1943. The Company, the Amalgamated,
and International Jewelry Workers Union, A. F. of L., herein called
the International, appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. Although Jewelry Crafts
Association, herein called the Association, appeared and was afforded
full opportunity to be heard, it did not participate in the hearings.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
I On April 19, 1941 the Amalgamated filed a petition alleging that a question concerning
the representation of employees of B F. Hirsch , Inc., had arisen. On May 7, 1943 , during
a conference at the Regional Office of the Board , the Amalgamated was advised by a repre-
sentative of B. F Hirsch , Inc., that the employees involved in this proceeding were the
51 N. L R. B., No. 202.
1269
1270 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
On July 12, 1943, the International requested oral argument before
the Board. The request is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
B. F. Hirsch, Inc., is a New York corporation, having its principal
place of business at 304 East 45th Street, New York City, where it is
engaged in the manufacturing of jewelry. During November 1942,
the Company leased space at 175 Varick Street, New York City, where
it is engaged in the manufacture, sale, and distribution of parts for
airplanes . The Varick Street plant is the only plant involved in this
proceeding. From about November 1942 to July 1943, the Company
purchased materials, consisting principally of copper metals and
alloys, valued in excess of $10,000, of which approximately 75 percent
was shipped to the Varick Street plant from points outside the State
of New York. During the same period, the Company manufactured
finished products, valued in excess of $10,000, of which approximately
75 percent was shipped from the plant to points outside the State of
New York. The Company admits that it is engaged in commerce, at
the Varick Street plant, within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Local 259, United Automobile, Aircraft & Agricul-
tural Implement Workers of America, is a labor organization affil-
iated with the Congress of Industrial `Organizations, admitting to
membership employees of the Company.
International Jewelry Workers Union is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The Amalgamated has requested the Company to bargain with it as
the representative of its employees in the Varick Street plant. The
Company has refused on the ground that the present contract of the
employees of Milton Rosenberg , Aithur Rosenberg, Benjamin Levinson and Florence Low,
doing business as a partnership under the trade name and style of Melrose Manufacturing
Co. Thereupon , the Amalgamated filed its amended petition , on June 1, 1943, setting forth
the employer as Melrose Manufacturing Co. The record indicates , however, that although
the formation of such a partnership was contemplated , it was never consummated, and
that the employer has at all times been B. F. Hirsch , Inc At the hearing counsel for
B. F. Hirsch , Inc., filed a motion for substitution of parties The Trial Examiner reserved
ruling The motion is hereby granted.
B. F. HIRSCH, INC. . 1271
Association, of which the Company is a member, with the Inter-
national constitutes a bar to a determination of representatives at
this time.
In 1933 the Association was organized. It admits to membership
persons, firms, or corporations engaged in the manufacturing jewelry
business, within the limits of the metropolitan district. Since 1933
to the present date, a system of collective bargaining on an Associa-
tion-wide basis was developed between the Association and the Inter-
national. In 1933 the Association, on behalf of its members, and the
International, together with its Local No. 1, executed the first collective
bargaining contract. Six successive agreements have been executed.
The parties to the contracts have always been the Association, the
International, and the International's Local No. 1.2 The last contract,
which is presently in existence, is dated February 1, 1943, and expires
January 31, 1945. That contract, as a result of the conversion of the
pewelry manufacturing business of some of the members of the
Association, including the Company, to war production• makes ref-
erence to "war workers" as distinguished from "jewelry workers."
It makes provision with respect to the status of those employees and
to their hours, wages, and working conditions.3
The International contends that the contract dated February 1,
1943, is a bar to a determination of representatives since it has been
in existence for a period of only 6 months of its 2-year term. The
Amalgamated argues, however, that since Local No. 1 has waived
jurisdiction over employees in the Varick Street plant, the contract
does not constitute a bar. On March 29, 1943, Local No. 1 addressed
a letter to the Company in which it stated that inasmuch as the
Varick Street plant was not engaged in jewelry work, and, due to a
lack of proper equipment, probably never would, it was waiving
jurisdiction over all the employees in the Varick Street plant. The
International contends that Local No. 1 is prohibited from waiving,
jurisdiction over those employees by the International's Constitution
which provides that "No local union shall sign a contract or workirg
agreement covering wages, hours or general working conditions unless
such contract or agreement is in accordance with this International's
laws as determined by a General Officer who shall be a party and
2 As previously set forth, the Company is a member of the Association and as such has
ratified the agreements since 1933.
3 The record indicates that these have been transfers and loans of jewelry workers from
the Company's 45th Street plant which, as heretofore stated, is confined to the manu-
facture of jewelry, to the Varick Street plant. The contract provides that these employees
shall not be deprived of their employment status although assigned to war work ; that they
shall be reinstated•to their former jobs, either at the end of the emergency, or when there
should be a lack of work for them to do; and that workers who have been employed to fill
the jobs of these employees shall be deemed to be substitutes or temporary workers only
whose jobs may be terminated upon the reinstatement of jewelry workers to their former
jobs
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
signer of the agreement or contract. . . ." It appears, therefore,
that there exists an internal difference between Local No. 1 and the
International which cannot do away with whatever rights the Inter-
national , as a party to the contract, may have. We find the conten-
tion of the Amalgamated to be without merit.
Since the contract dated February 1, 1943, has been in existence
only 6 months, we find it a bar to an investigation and certification
of representatives at this time, and, consequently, the petition of the
Amalgamated shall be dismissed.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petition for investiga-
tion and certification of representatives of employees of B. F. Hirsch,
Inc., New York City, filed by Amalgamated Local 259, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
CIO, be, and it hereby is, dismissed.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Order.