Brownstein-Louis Co.

National Labor Relations Board - Board Decisions

Dec 11, 1944

59 N.L.R.B. 845 (N.L.R.B. 1944)

In the Matter of BROwNsTEIN-LOUIS COMPANY and AMALGAMATED
CLOTHING WORKERS OF AMERICA, Los ANGELES JOINT BOARD, C. I. O.
Case No. 21-R-2471.-Decided December 1j, 1944
Mr. George A. Elstein, of Los Angeles, Calif., for the Company.
Messrs. H. Schneid and Jerome Posner, of Los Angeles, Calif., for
the ACWA.
Mr. James B. Comer, of Los Angeles, Calif, for the UGWA.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Clothing Workers of
America, Los Angeles Joint Board, C. I. 0., herein called the ACWA,
alleging that a_question affecting commerce had arisen concerning the
representation of employees of Brownstein-Louis Company, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Charles M. Ryan,
Trial Examiner. Said hearing was held at Los Angeles, California,
on November 14, 1944. The Company, the ACWA, and the United
Garment Workers of America, AFL,' herein called the UGWA, ap-
peared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial 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
Brownstein-Louis Company, a California corporation engaged in
the manufacture of shirts, sportswear, and work clothing, has a plant
11 At the hearing the Trial Examiner granted the motion of the UGWA to intervene.
59 N. L . R. B., No. 167.
845
846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and office`s in Los Angeles, California. During 1943 the Company
purchased over 90 percent of its raw materials valued in excess of
$100,000, outside the State of California. During the same period,
the Company shipped approximately 30 percent' of its finished prod-
ucts valued in excess of $400,000 outside the State of California.
We find the Company to be engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America, ,Los Angeles Joint
Board, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the Com-
pany.
United Garment Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 3, 1944, the Company and the UGWA entered into a
contract for 1 year, which provides that in the absence of notice of
termination given by either party 60 days before the termination
date, the contract is automatically renewed for "1 or 2 years." No
notice has been given. The ACWA requested recognition of the Com-
pany as the collective bargaining representative of its production em-
ployees on August 1, 1944. The Company, by letter dated August 3,
1944, refused recognition on the ground that it was presently operat-
ing under a contract with the UGWA covering the same employees as
those requested by the ACWA. At the hearing both the Company and
the UGWA moved to dismiss the petition, alleging that the contract
constituted a bar to a present determination of representatives. Since
the ACWA filed its petition on August 11, 1944, more than 21/2 months
prior to the automatic renewal date of the contract, we are of the
opinion that the request of the ACWA was timely made and that the
contract is no bar to a present determination of representativ6s.2
The Company further moved for dismissal of the petition on the
ground that the rider to the Appropriations Act 3 precludes the Board
from proceeding herein. Since the provision in question clearly indi-
cates that it is applicable to "complaint" cases rather than to repre-
2 Matter of Mill B , Inc , 40 N. L. R B 346.
3 N. L. R B. Appropriation Act, 1945, Act of June 28 , 1944, P. L. 373 , 78th Congress.
The provision in question is as follows :
No part of the funds appropriated in this title shall be used in any way in connec-
tion with a complaint case arising over an agreement , or a renewal thereof, between
management and lallor which has been in existence for 3 months or longer without
complaint being filed by an employee or employees of such plant . . .
'BROWNSTEIN -LOUIS COMPANY 847
sentation proceedings , we find the contention of the Company to be
without merit.4
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the ACWA represents a substantial number of
employees in the unit hereinafter found appropriate.5
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
We find, in substantial accord with the agreement of the parties,
that all production employees , but excluding all office and clerical
employees , salesmen , and all supervisory employees with authority to
hire, promote , 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, meaning of Section 9 (b) of the Act.
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'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 Brownstein-Louis
Company, Los Angeles, California, 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 Twenty-first Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
4 See Matter of Letellier-Philips Paper Co., Inc., 54 N L. R. B. 1111 and cases cited
therein.
6 The Field Examiner reported that the ACWA submitted 67 membership cards ; that
there are approximately 110 employees in the appropriate unit ; and that the cards were
dated : 31 in August 1944; 29 In September 1944; 7 in October 1944. The Company re-
fused to submit a pay roll. The IIGWA relies on its contract with the Company to show
its interest. .
618683-45-vol. 59-55
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately prbceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporrily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees 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 they desire to be represented by Amalgamated
Clothing Workers of America, Los Angeles Joint Board, C. I. 0., or
by United Garment Workers of America, AFL, for the purposes of
collective bargaining, or by neither.
I