Crescent Dress Co.

National Labor Relations Board - Board Decisions

Jan 31, 1941

29 N.L.R.B. 351 (N.L.R.B. 1941)

In the Matter of CRESCENT DRESS Co. and CUTTERS LOCAL 11,
I. L. G. W. U., A. F. OF L. -
Case No. R-0030.-Decided January 31, 1941
Jurisdiction : ladies' dresses manufacturing industry.
Investigation and Certification of Representatives : existence of question: dis-
pute as to appropriate unit; election unnecessary: parties stipulated at hear-
ing that all employees within the appropriate unit had authorized the union
,to represent them.
Unit Appropriate for Collective Bargaining
Cutters employed by the Company, held to constitute an appropriate unit,
although a larger unit comprising all production employees might likewise
constitute an appropriate unit, where self-organization among the Company's
employees has not extended beyond the limits proposed by the union and
where no other organization seeks to represent employees of the Company
other than the cutters. However, the determination as to the appropriate
unit is no bar to a later revision in accordance with changes in the status
of self-organization of the Company's employees.
Mr. Louis L. Garrell, Mr. N. S. Clark and Mr. George Kamenow,
of New York City, for the Company.
Mr. Herbert Syme, of Philadelphia, Pa., for the Union.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On September 11, 1940, Cutters Local 11,-I. L. G. W. U., A. F. of
L., herein called the Union,l filed with the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania) a petition and on No-
vember 13, 1940, an amended petition, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Crescent Dress Co., Camden, New Jersey, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On December 2, 1940, the Na-
1 At the hearing the formal papers were amended correctly to designate the Union as
set forth above.
29 N. L. H. B., No.-67.
i
351
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tional 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 Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On December 4, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union.
Pursuant .to notice, a hearing was held on December 17 and 20,
1940, at Philadelphia, Pennsylvania, before Jerome I. Macht, the
Trial Examiner duly designated by the Board. The Company and
the Union were represented by counsel and participated in the hear-
ing. Full opportunity to be heard, to examine and, cross-examine
witnesses, and to introduce evidence bearing on the issues was, afforded
all parties. At the close of the Board's case and again at the close of
.the hearing, the Company moved to dismiss the petition on the ground
that the unit sought by the Union was not appropriate within the
meaning of the Act. These motions were denied. During the course
of the hearing, rulings were made by the Trial Examiner on other
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.
Pursuant to a request by the Company and the Union, a hearing
was scheduled to be held before the Board on January 16, 1941,
at Washington, D. C., for the purpose of oral argument. The Com-
pany and the Union subsequently waived their right to oral argument.
The Company and the Union, however, filed briefs which the Board
has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Crescent Dress Co. is a New Jersey corporation with its principal
office and place of business at Camden, New Jersey. It is engaged
in the manufacture, sale, and distribution of ladies' dresses. During
the year immediately preceding the hearing, the Company purchased
raw materials, consisting principally of rayon and synthetic mate-
rials, in the approximate amount of $233,000, of which 90 per cent
were purchased and shipped to the Company's plant from points out-
'side'the State of New Jersey. During the same period, the Company
sold finished products valued at approximately $375,000; of which 95
per cent. were shipped to States other than New Jersey. The Com- .
-pany employs approximately 21 production employees.
CRESCENT DRESS CO.
II. THE ORGANIZATION INVOLVED
353
Cutters Local 11 , I. L. G. W. U., is a labor organization affiliated
with the American Federation of Labor, admitting to its membership
cutters employed by the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In June 1940, and thereafter, the Union requested the Company
to bargain collectively with it as the representative of the cutters
then employed by the Company. The Company refused to recognize
the Union as such representative, maintaining that a unit composed
of cutters only was not appropriate for the purposes of collective
bargaining.
- From a statement by the Trial Examiner at the hearing, following
his comparison of a signed authorization with the pay rolls of the
Company, it appears that the Union represents all the employees in
the unit hereinafter found to be appropriate for the purposes of
collective bargaining.2
We find that a question 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.
V. THE APPROPRIATE UNIT
The Union claims that the cutters employed by the Company con-
stitute a unit appropriate for the purposes of collective bargaining.
The Company contends that the appropriate unit should comprise
all production employees, including cutters, operators, pressers, and
examiners. The record shows that the organization of the Com-
pany's business is such that either a unit comprising all production
employees or one limited to cutters could be appropriate for the
purposes of collective bargaining. Self-organization among the Com-
2 On July 6, 1940 , the Company had 10 cutters in its employ , and on November 13,
1940, 6 cutters . The Trial Examiner 's statement shows that on June 28 , 1940, all the
foregoing employees signed a written statement authorizing the Union to represent them.
The signed authorization was introduced in evidence by the Union and all the parties
stipulated that the signatures appearing thereon were genuine.
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany's employees, however, has not extended beyond the limits of
the unit proposed by the Union, nor is any organization here seeking
to represent employees of the Company other than the cutters.
Under these circumstances, we are of the opinion that the unit sought
by the Union herein is appropriate. To find otherwise would de-
prive the cutters of the benefits of collective bargaining until the
remaining production employees had organized. Our determination
herein as to the appropriate unit, however, is no bar to a later revi-
sion in accordance with changes in the status of self-organization of
the Company's employees.3
We find that the cutters employed by the Company 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
As previously stated,' the parties stipulated at the hearing that
all the employees within the appropriate unit, had authorized the
Union to represent them. Under these circumstances an election is
unnecessary. We find that the Union has been designated and se-
lected by a majority of the employees in the unit herein found to be
appropriate as their representative for the purposes of collective bar-
gaining. The Union is therefore the exclusive representative of all
employees in such unit for the purposes of collective bargaining, and
we will so certify.
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 Crescent Dress Co., Camden, New Jersey,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
' See Matter of R. C. A. Communications , Inc. and American Radio Telegraphists' Asso-
ciation, 2 N. L R. B. 1109; Matter of General Electric Company, Newark Lamp Ware-
house and United Electrical , Radio & Machine Workers of America, C . I. 0.; Matter of
W. C. A. L., Incorporated , York Broadcasting Company, Delaware Broadcasting Company,
and W. D. E. L., Incorporated and Associated Broadcasting Technicians Unit, International
Brotherhood of Electrical Workers, 27 N. L R B 389. Matter of Crane Company and
Shipping, Receiving Clerks, and Assistants Union, Local 21648, affiliated with the American
Federation of Labor, 28 N L R B 756 Shaw Lumber Company and Lumber &
Sawmill Workers Union, Local 2544, chartered by the United Brotherhood of Carpenters
and Joiners of America, affiliated with the A . F. of L., 28 N. L . R B. 818.
* See footnote 2, supra.
CRESCENT DRESS Co. 355
2. All cutters employed by the Company constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
3. Cutters Local 11, I. L. G. W. U., A. F. of L., is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining within the meaning of Section 9 (a) of the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that Cutters Local 11, I. L. Q. W. U., A. F.
of L. has been designated and selected by a majority of the cutters
of Crescent Dress Co., Camden, New Jersey, as their representative
for the purposes of collective bargaining, and that pursuant to Sec-
tion 9 (a) of the Act, Cutters Local 11, I. L. G. W. U., A. F. of L.,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
CiIAuIMMAN HARRY A. M its took no part in the consideration of
the above Decision and Certification of Representatives.
413602-42-vol. 29--24