Borman Sportswear, Inc.

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 742 (N.L.R.B. 1942)

In the Matter of BORMAN SPORTSWEAR , INC. and AMALGAMATED CLOTH-
ING WORKERS OF AMERICA
Case No. R-4261.-Decided October 0,1942
Jurisdiction : coat manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; contract
which had been in operation for initial period and was terminable upon 60 days'
notice, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production and shipping room
employees at two Johnstown, New York, plants, excluding maintenance men,
supervisory employees, and office and clerical help ; stipulation as to.
Mr. Aaron A. Hand, of Johnstown, N. Y., for the Company.
Mr. David Schlossberg, of New York City, for the Amalgamated.
Messrs. Charles Hindley and Nathan Sidd, of New York City, for
the United.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Amalgamated Clothing
Workers of America, herein called the Amalgamated, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Borman Sportswear, Inc., Johnstown, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Peter J.
Crotty, Trial Examiner. Said hearing was held at Johnstown, New
York, on September 1, 1942. The Company, the Amalgamated, and
United Garment Workers of America, herein called the United, ap-
peared, participated and were afforded full opportunity to be, beard,
to examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Borman Sportswear, Inc., is a New York corporation, owning and
operating two plants in Johnstown; New York, the only ones involved
44 N I:. R. B., No. 139.
742
BORMAN SPORTSWEAR, INC. 743
in this proceeding. The Company is-engaged at its Johnstown plants
in the manufacture of leather jackets, mackinaws, sheep-lined coats
and poplin jackets. During the period from August 1, 1941;,,to July
31, 1942, the Company used at its Johnstown plants raw materials to
the approximate value of $658,726.00, of which approximately 90 per-
cenV rep're`sents- shipments made to the plants from points outside the
State of New York. During the same period, the Company manu-
factured at its Johnstown plants, finished products to the approxi-
mate value of $1,638,407.00, of which approximately 90 percent was
shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America is a labor organization
admitting to membership employees of the Company.
United Garment Workers of America is a labor organization admit-
ting. to .membership employees of the ,Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 18, 1942, the Amalgamated requested that the
Company bargain collectively. , The Company, however, declined to
bargain until after the question of representation had been deter-
mined by the Board.
The United contends that the present proceeding is barred by rea-
son,of -a contract alleged to be outstanding between the Company and
the United., The contract relied upon is a collective bargaining agree-
ment dated February 25, 1941, and effective from May 15, 1941, to May
15, 1942, with a provision that "it shall be automatically continued
beyond said- date of expiration until either party upon sixty days
notice elects to terminate it" On or about June 16, 1942, the Com-
pany and the United negotiated a new contract which, however,' has
not yet been completed due to the failure of the United membership,
to approve the contract as drafted. °
Since the contract of February 25, 1941, has been in operation for
longer than its original period of 1 year and is now terminable by
either party upon 60 days' notice, it-constitutes no bar to our determi-
nation of the question concerning, representation here presented.''
Nor does the uncompleted contract of June 16, 1942, now-preclude such '
a determination.
' See Matter 'of LaPlant-Choate Manufacturing Co , Inc , and United Farm Equipment
Workers Organizing Committee, Local 116, affiliated with the C. I. 0, 29 N L R B '40;,
Matter of Los Angeles Brick if Clay Products Cb sand United Br15k & Clay Workers of,
America, Elsinore Local 848, affiliated u6i'2h the A . F. of L, 37 N L R. B 539.
744 DECISIONS OF- NATIONAL LABOR RELATIONS BOARD
A statement prepared by the Regional Director and introduced in
evidence at the hearing indicates that the amalgamated represents a
substantial number of employees in the unit -hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and shipping room employees of the Company at its two
plants in.Johnstown, New York,, excluding maintenance men, super-
visory employees and office and clerical help, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
Y
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees 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 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 to ascertain representa-
tives for the purposes of collective bargaining with Borman Sports-
wear, Inc., Johnstown, 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, under the direction and supervision
of the Regional Director for the Third Region, acting in this matter
'The Regional Director reported that the Amalgamated had submitted 169 application
cards all of which appeared to bear genuine original signatures, that of the 169 signa-
tures, 151 are the names of persons whose names are on the list of employees submitted
by the Company which also stated that the total -number of employees in the alleged
appropriate unit is 187; that of the 151 cards, 50 were dated June 1942, 99 dated July,
1942, and 2 undated. The Regional Director further reported that the United claimed
an interest in the proceeding and asserted the existence of a contract, which fact was
disputed by the Amalgamated ; that the United had had contractual relations with the
Company for the past 9 years and in view of this fact was not requested to submit evidence
of membership.
BORMAN SPORTSWEAR, INC. - 745
as agent for the National Labor Relations Board and subject to
Article III, Section 9, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date
"of this, Direction, including any such employees who did not' work
during;`said pay-roll, period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding any who have, since quit or been dis-
charged for cause, to determine whether they desire to be represented
by Amalgamated Clothing Workers of America or United Garment
Workers of America, for the purposes of collective bargaining, or
by neither.
MR. Wm. M. LEIsmsoN took no part in the consideration of the
above Decision and Direction of Election.