Blue Ribbon Laundry

National Labor Relations Board - Board Decisions

Oct 31, 1945

64 N.L.R.B. 645 (N.L.R.B. 1945)

In the Matter Of SAM BOORSTEIN aL' HARRY BOORSTEIN , PARTNERS TRAD-
ING AS BLUE RIBBON LAUNDRY and CLEANING & LAUNDRY WORKERS
UNION, LOCAL No. 457, ACWA, C. I. O.
Case No. 5-R-1986.-Decided October 31, 19415
Mr. Louis A. Spiess, of Washington, D. C., for the Company.
Messrs. Calvin Cousins and Jack Kutner, of Washington, D. C.,
for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Cleaning & Laundry Work-
ers Union, Local No. 457, ACWA, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Sam Boorstein & Harry Boorstein,
partners trading as Blue Ribbon Laundry, Bethesda, Maryland,
herein collectively called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Sidney J. Barban, Trial Examiner. The hearing was held at Wash-
ington, D. C., on August 22, 1945. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues.
At the hearing and in its brief, the Company moved the dismissal
of the petition upon the grounds discussed in Section III, infra. Rul-
ing on said motion was reserved by the Trial Examiner for the Board.
For reasons hereinafter stated, the motion is hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error, and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sam Boorstein and Harry Boorstein are partners trading under the
name of Blue Ribbon Laundry and are engaged in the laundry and
64 N. L. It. B., No. 109.
645
646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dry cleaning business in the District of Columbia and the State of
Maryland. The Company operates a laundry at Bethesda, Maryland,
and 10 stores in the District of Columbia and 2 in Bethesda, Mary-
land, used as stations for the receipt and issue of laundry and dry
cleaning. Drivers employed by the Company transport the laundry
collected at these various stores in the District of Columbia to the
Company's plant in Maryland to be serviced, and after servicing return
the articles by truck to the afore-mentioned stores. The drivers also
transport articles for dry cleaning from the Company's stores to a
dry cleaning establishment located in the District of Columbia, which
performs dry cleaning service for the Company under contract.
For the first 6 months of 1945, the Company purchased supplies,
consisting chiefly of soaps, chemicals, blueing, and equipment, having
a value of $13,000, approximately 70 percent of which was purchased
and obtained from points outside the State of Maryland and delivered
to the Company's plant at Bethesda, Maryland. During the same
period the Company performed services valued at $92,000 at its plant
located at Bethesda, Maryland, about 70 percent of which was for
patrons living in the District of Columbia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TILE ORGANIZATION INVOLVED
Cleaning R Laundry Workers Union, Local No. 457, ACWA, is a
labor organization affiliated with the Congress of Industrial Organiza-
`ions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees until
the Union has been certified by the Board in an appropriate unit.
A statement of the Field Examiner introduced into evidence at the
hearing indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
1 The Field Examiner reported that the Union submitted 23 cards , of which 4 were
undated, 1 dated May 1, 1945, and the remainder dated within the period between April
1 and April 30, 1945.
At the hearing, the Company moved to dismiss this proceeding on two grounds (1) that
the Field Examiner 's findings conceining the number of union cards is inconsistent with
the Union ' s allegation of representation among the Company's employees set forth in its
petition and (2) that the Union has not made a sufficient showing of representation among
the Company's employees to justify an election . As noted above, the Company' s motion
is denied . The Board relies upon the finding of its agent and not upon the approximate
figures appearing upon the face of the petition in deciding whether it is expedient to
proceed with an election . The purpose of the preliminary showing of cards and of the
Field Examiner ' s statement has been frequently set forth in our decisions. Matter of
II G.'Hill Stores, Inc, Warehouse, 39 N. L. R. B. 874; Matter of Lalance and Grosjean
Manufacturing Co., 63 N. L. R. B. 130.
BLUE RIBBON LAUNDRY 647
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
The Union seeks a unit consisting of all plant production and
maintenance employees, including drivers, but excluding all office
clerical workers, store employees, and supervisory employees. Thb
Company contends (1) that drivers should be excluded from the unit,
on the ground that in two recent cases drivers were excluded from the
plant units found appropriate for employees of the Company's com-
petitors and (2) that, if drivers are included in the unit, store em-
ployees should also be included in the unit.
Drivers and helpers: The Company employs two truck drivers and
two helpers, who bring soiled articles left for laundry and dry cleaning
at the Company's stores to its plant at Bethesda and to a dry cleaning
plant in the District of Columbia, respectively, and return the saine
when finished to the proper stores for ultimate delivery to the Com-
pany's customers. Drivers and their helpers load and unload their
trucks. Drivers also collect cash receipts from the Company's stores
and bring the money to the plant office at Bethesda. They do not
collect money from individual customers. Drivers and their helpers
are, like production and maintenance plant employees, under the
supervision of the plant manager at Bethesda. They punch time cards
at the rack used by plant employees and they report to work at the
same time, although drivers may be relieved earlier from work, with
corresponding loss of pay.
In a number of cases involving laundries in the District of Columbia,
we have included drivers and helpers, apparently similar to those
involved here, in plant units of laundry workers where the parties
agreed upon their inclusion.2 However, the drivers and helpers,
constitute a distinct group whose working conditions differ from those
of the plant workers. Accordingly, in view of the disagreement be-
tween the parties, we shall exclude these employees from the unit.s
Their exclusion is without prejudice to the Union's filing a petition to
represent the drivers and helpers in a separate unit if it so desires.4
2 Matter of National Laundry, Inc, 36 N. L. R. B. .1204; Matter of American Linen
Service Co., 36 N. L. R B 565; Matter of Liberty Laundry Company, Inc, P. A. Yale
Laundry, 62 N. L. R. B. 1235.
"Matter of IZingan & Co ., Incorporated, 61 N. L. R. B. 1222 ; Matter of Wilson & Company,
Inc., 62 N. L. R. B 895
4 We do not accept the Company's contention that two cases involving its competitors,
Matter of Elite Laundry Co of Washington, D. C, 53 N. L R. B. 1212, and Matter of
Manhattan Company , 53 N. L. R. B. 1339, are controlling . In each of those cases, which
involved retail drivers working on commission and dealing directly with the employer's
customers , we excluded the drivers from the plant unit at the request of the petitioning
union because a craft union of competent jurisdiction was then organizing them.
648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Store employees: As noted above, the Company operates 12 stores
located in the District of Columbia and in Maryland. In charge of
the stores are clerks who open and close them for business and are
responsible for the conduct of the local business. Store clerks do not
come to the plant, or work at the plant, in the ordinary course of
business. They are paid on a salary and commission basis. They
receive articles for laundry and dry cleaning from the Comany's
customers and note the name and address. They keep records of all
business done at the stores and prepare reports. They tie up all
bundles and articles received for service, and they assemble articles
returned from the dry cleaning plant for delivery. Store clerks deliver
laundry and dry cleaning to customers who come to the stores. Since
the working conditions of store clerks are not similar to those of plant
employees, and there is little or no contact between them, we shall
exclude store clerks from the unit.
We find that all maintenance and production employees of the
Company, excluding drivers and helpers, store clerks, office clerical
employees, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. TI-1E 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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sam Boorstein &
Harry Boorstein, partners, trading as Blue Ribbon Laundry, Bethes-
da, Maryland, 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 direction and supervision of the Regional Direc-
tor for the Fifth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Sections 10
BLUE RIBBON LAUNDRY 649
and 11, of said Rules and Regulations , among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the pay-roll period
.because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces of the United States who
present themselves in person at the polls , but excluding those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Cleaning & Laundry
Workers Union, Local No. 457, ACWA, C. I. 0., for the purposes of
collective bargaining.
MR. GERARD D. RErLLY took no part in the consideration of the above
Decision and Direction of Election.