Bear Brand Hosiery Co.

National Labor Relations Board - Board Decisions

Sep 18, 1941

35 N.L.R.B. 500 (N.L.R.B. 1941)

In the Matter of BEAR BRAND HOSIERY COMPANY and UNITED TEXTILE
WORKERS OF AMERICA, LOCAL 3564, AFFILIATED WITH THE A . F. of L.
Case No. R-2895.-Decided, September 18, 1941
Jurisdiction : textile manufacturing industry. S
Investigation and Certification of Representatives : existence of question. re-
fusal of Company to accord union recognition until it is certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : separate units: ( 1) all production
and maintenance employees paid on an hourly and piece-rate basis, including
employees in the box and printing departments , but excluding supervisors,
foremen , assistant foremen, office employees , factory clerks , time-study em-
ployees, factory police and deputies , watchmen , truck drivers , and powerhouse
employees ; and (2 ) powerhouse employees , excluding the chief engineer.
Fyffe and Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Shapiro and Lauridsen, by Mr. Victor Lauridsen and Mr. Don
Bruynell, of Kankakee, Ill., and Mr. Joseph A. Briegel, of Chicago,
Ill., for the U. T. W. A.
Mr. Howard A. Plank, of Chicago, Ill., for the Firemen.
Mr. Dan M. Byrd, Jr., of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On July 22, 1941, United Textile Workers of America, Local 3564,
affiliated with the A. F. of L., herein called the U. T W. A., filed with
the Regional Director for the Thirteenth Region (Chicago, Illinois)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Bear Brand Hosiery Com-
pany,-Kankakee, Illinois, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein,
called the Act. On August 11, 1941, 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
35 N. L. R. B., No. 113.
500
BEAR BRAND HOSIERY COMPANY 501
Rules and Regulations-Series 2, as amended , ordered an investigation
and authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On August 12, 1941 , the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the U. T.
W. A., and International Brotherhood of Firemen and Oilers, Local
296, affiliated with the American Federation of Labor, herein called
the Firemen , a labor organization claiming to represent employees of
the Company directly affected by the investigation . Pursuant to no-
tice, a hearing was held on August 18 , 1941 , at Kankakee , Illinois, be-
fore Stephen N. Reynolds , the Trial Examiner duly designated by the
Chief Trial Examiner . The Company and the U. T. W. A. were
represented by counsel and the Firemen by an official representative.
All parties participated in the hearing and were afforded full oppor-
tunity to be heard , to examine and cross -examine witnesses, and
to introduce evidence bearing on the issues . During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections 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.
Upon the entire record in the case, the Board makes the following-:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bear Brand Hosiery Company, an Illinois corporation, operates
three plants located, respectively, at Kankakee, Illinois, Gary,
Indiana, and Henderson, Kentucky. At the Kankakee plant, the only
one here involved, the Company is engaged in the spinning of cotton
yarn and the knitting of circular and full-fashioned hosiery. During
the year 1940, raw materials purchased 'by. the Company, for pro-
cessing in the Kankakee plant, 'consisting' of raw cotton, silk and
cotton yarn, nylon, and chemicals, amounted in value to approxi-
mately $1,500,000, of which in excess of 90 per cent was purchased
and shipped to the Kankakee plant from points outside the State
of Illinois. During the same period the total receipts from sales of
products manufactured at the Kankakee plant exceeded $4,000,000,
of which approximately 85 per cent was received from sales of
products delivered outside the State of Illinois. The receipts from
the total sales of all the Company's plants during 1940 exceeded
$6,000,000.
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
United Textile Workers of America, Local 3564, is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
International Brotherhood of Firemen and Oilers, Local 296, is
a labor organization affiliated with the American Federation of
Labor, admitting to membership powerhouse employees ' of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 6,• 1941, the U. T. W. A. informed the Company that
it represented a majority of all employees at the Kankakee plant
and requested a meeting for the purpose of collective bargaining.
On August 11, 1941, the Company notified the U. T. W. A. that it
would not recognize the U. T. W. A. in the absence of an election
conducted by the Board.
A statement of the Trial Examiner at the hearing shows that a
substantial number of employees within the units hereinafter found
to be appropriate have designated the U. T. W. A. and the Firemen,
respectively, as their collective bargaining representative.'
We find that a question affecting commerce 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.
'The Trial Examiner reported that the U. T. W A submitted 1450 application-for-
membership cards, of which approximately 1400, all dated between May 1, 1941, and August
18, 1941, bore apparently genuine signatures . The Trial Examiner made a spot check of
the 1400 cards with the Company 's pay roll for the period ending August 16, 1941, con-
taining the names of 1833 production and maintenance employees , 18 powerhouse em-
ployees, and 127 supervisory employees , watchmen , police, and other excluded classifica-
tions. Based on the spot check, the Trial Examiner reported that in excess of 80 per cent
of the 1400 cards bear the names of persons on the said pay roll. The Trial Examiner
reported that the Firemen submitted 17 designation cards, dated August 4, 1941 , bearing
apparently genuine signatures of 17 persons whose names appear on the Company's pay
roll for the period ending August 16 , 1941 . It appears that the employees in the power-
house include 4 operators , 4 oilers, 4 firemen , 4 firemen helpers , and 2 powerhouse main-
tenance men.
BEAR BRAND HOSIERY COMPANY 503
V. THE APPROPRIATE UNITS
A. The unit sought by the U. T. 1V. A.
The U. T. W. A. contended at the hearing that all production and
maintenance employees paid on an hourly and piece-rate basis, in-
cluding employees in the box and printing department, but excluding
supervisors, foremen, assistant foremen, office employees, factory
clerks, time-study employees, factory police and deputies, watchmen,
truck drivers, and powerhouse employees, constitute an appropriate
unit. The Company did not oppose the inclusion of all production
and maintenance employees paid on an hourly and piece-rate basis,
including employees in the box and printing departments, and agreed
that supervisors, foremen, assistant foremen, office employees, factory
clerks, and time-study employees should be excluded from the appro-
priate unit. It requested, however, that the Board determine whether
factory police and deputies, watchmen, truck drivers, and power-
house employees should be included or excluded from the Unit.
The factory police and deputies employed by the Company patrol
its premises, including the gates, which consist of several buildings
occupying a solid block. Most of the deputies also have other duties
as foremen. We are of the opinion that factory police and deputies
should be excluded from the appropriate unit. The watchmen guard
the Company's plant. They have no production duties and are not'
eligible for membership in the U. T. W. A.. We shall also exclude
them from the appropriate unit . The U. T. W. A. does not admit
the truck drivers to membership since they are eligible for member-
ship in another labor organization affiliated with the American Fed-
eration of Labor. They will be excluded from the appropriate unit.
For reasons stated in Section V-B below, we shall also exclude the
powerhouse employees from the unit sought by the U. T. W. A.
We find that all production and maintenance employees of the
Company paid on an hourly and piece-rate basis, including employees
in the box and printing departments, but excluding supervisors, fore-
men, assistant foremen, office employees, factory clerks, time-study
employees, factory police and deputies, watchmen, truck drivers, and
powerhouse employees, constitute a unit appropriate for the purposes
of collective bargaining and 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 effectuate the policies of
the Act.
B. The unit sought by the Firemen
Although the U. T. W. A. stated at the hearing that the power-
house employees should be excluded from the unit it claimed as
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate, it had previously alleged in its petition that these em-
ployees should be included in the unit. Shortly after the petition
was i filed, however, 17 of the 18 powerhouse employees transferred
their affiliation from the U. T. W. A. to the Firemen. Under these
circumstances, the U. T. W. A. agreed to exclude the Firemen from
the unit it claimed to be appropriate. The Firemen, in turn, con-
tended at the hearing that the powerhouse employees, excluding the
chief engineer, constitute a separate appropriate Unit .2 The Com-
pany's powerhouse employees work in a separate building located0
in about the center of the Company's other buildings. No other
employees are housed in this building, except some general mainte-
nance employees who have their headquarters there.
Under all the circumstances, we find that the powerhouse employees
of the Company, excluding the chief engineer, constitute a unit
appropriate for the purposes of collective bargaining and 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
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
.arisen can best be resolved by elections by secret ballot.
'At the hearing the U. T. W. A. expressed a preference for use of
the Company's pay roll immediately preceding July 18, 1941, to deter-
mine eligibility to vote in the election. The Company desires a
current pay roll. We see no reason to depart from our usual proce-
dure, and we shall, accordingly, direct that the employees eligible to
vote in the respective elections shall be those in the respective appro-
priate units whose names appear on the Company's pay roll for the
period immediately preceding the date of our Direction of Elections
herein, subject to such limitations and additions as are set forth
in the Direction.
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
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Bear Brand Hosiery Company, Kankakee,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2 The Company opposed an election among the powerhouse employees since the Firemen
had not requested recognition prior to the hearing Since these employees are involved in
the question as to the bargaining unit or units and have submitted authorizations desiring
certification of a representative , we find no merit in the Company 's contention.
BEAR BRAND HOSIERY COMPANY 505
2. All production and maintenance employees of the Company
paid on an hourly and piece-rate basis, including employees in the box
and printing departments, but excluding supervisors, foremen,
assistant foremen, office employees, factory clerks, time-study em-
ployees, factory police and deputies, watchmen, truck drivers, and
powerhouse employees, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. All powerhouse employees of the Company, excluding the chief
engineer, 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 ELECTIONS
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 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 Bear Brand Hosiery Company, Kankakee, Illinois, elections 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 direction
and supervision of the Regional Director for the Thirteenth 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:
1. Among all production and maintenance employees of the Com-
pany paid on an hourly and piece-rate basis who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees in the box and printing departments and
employees who did not work during such pay-roll period 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 supervisors,
foremen, assistant foremen, office employees, factory clerks, time-
study employees, factory police and deputies, watchmen, truck
drivers, and powerhouse employees, and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented for the purposes of collective bargaining by
United Textile Workers of America, Local 3564, affiliated with the
A. F. of L.;
2. Among all powerhouse employees of the Company who were
employed during the pay-roll period immediately preceding the date
506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, including employees who did not work during such
pay-roll period 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 the chief engineer and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented for the purposes of collective bargaining by
International Brotherhood of Firemen and Oilers; Local 296, affiliated
with the American Federation of Labor.