Ely & Walker Dry Goods Co.

National Labor Relations Board - Board Decisions

Aug 14, 1943

51 N.L.R.B. 1341 (N.L.R.B. 1943)

In the Matter of ELY & WALKER DRY GOODS COMPANY' and UNITED
GARMENT WORKERS OF AMERIOA, LOCAL UNION 266, A. F. or L.
Case No. R-5807.-Decided August 14,193
Mr. Henry Davis, of St. Louis, Mo., for the Company.
Mr. Harry Williams, of Kennett, Mo., for the United.
Agnes Ernstberger and Elaine Draper, of St. Louis, Mo., for the
Amalgamated.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION -OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Garment Workers of America,
Local Union 266, A. F. of L., herein called the United, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Ely & Walker Dry Goods Company, Kennett, Missouri,
herein called the Company, the National Labor Relations Board pro=
vided for an appropriate hearing upon due notice before Jack G.
Evans, Trial Examiner. Said hearing was held at Kennett, Missouri,
on August 6,1943. At the commencement of the hearing the Trial Ex-
aminer granted a motion of Amalgamated Clothing Workers of Amer-
ica, herein called the Amalgamated, to intervene. The Company, the
United, and the Amalgamated appeared at and participated in the
hearing,-and all parties were afforded, full opportunity'to be heard, 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.
All parties were afforded 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
Ely & Walker Dry Goods Company is,' a Missouri corporation
operating a plant at Kennett, Missouri , where it is engaged in the
51 N. L. R. B., No. 211. -
1341
1342 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
manufacture of men's shirts. The Company uses raw materials at
its Kennett plant valued in excess of $100,000 annually, over 50 per-
cent of which is shipped to it from points outside the State of Mis-
souri. During the same period the Company manufactures products
at its Kennett plant valued in excess of $100,000, over 50 percent of
which is shipped to points outside the State of Missouri. The Com-
pany 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
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
United Garment Workers of America, Local Union 266, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees, of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 10, 1943, the United requested the Company to recognize it
as the exclusive collective bargailfing representative of its employees.
The Company refused this request and referred the United' to the
Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the United represents a substantial num-'
ber' 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 they Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
,The United urges that all production and maintenance employees
of the Company, including watchmen and unit boys and girls, but,
excluding supervisory and clerical employees, constitute an,appro-
priate unit. The Amalgamated would exclude janitors, watchmen,
and unit boys and girls from the unit. The Company took no position
with respect to the unit.
The Company has 9 employees classified by it as unit boys and girls.
These employees supervise from 30 to 50 sewers and have the author-
' The Regional Director reported that the United presented an authorization petition
bearing apparently genuine signatures of 306 persons whose names appear on the Com-
pany's pay roll of July 8, 1943. There are approximately 431 employees in the appropriate
unit. The Trial Examiner reported that the Amalgamated presented 31 authorization cards
bearing apparently genuine signatures of persons whose names appear on the July 8, 1943,
pay roll.
ELY & WALKER DRY GOODS COMPANY' 1343
ity to recommend the hire, discharge, and discipline of their subordi=
nates. We shall accordingly exclude them from the unit. '
The Company has four employees classified as janitors or watch-
men. None of them carry arms, wear uniforms, or are sworn as
auxiliary military police. Inasmuch as their work is allied with that
of the production and maintenance employees, we shall include them
in the unit.
We find that all production and maintenance employees at the Ken-
nett plant of the Company, including watchmen and janitors, but
excluding clerical employees, timekeepers, unit boys and girls, and any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em,
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
On August 3, 1943, the employees of the Kennett plant went on strike
and the strike was in progress at the time of the hearing. The Com-
pany has not replaced any of the employees and at the hearing indi-
cated that it does not intend to hire any new employees pending the
disposition of the controversy. Since employees of the Company on
its pay roll next preceding August 3, 1943, the date of the strike, retain
their status as employees who ceased work in connection with a cur-
Ient labor dispute, we find that they are entitled to participate in the
selection of a bargaining representative.
We shall direct that those eligible to vote in the election shall be
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding August 3, 1943, subject to the
limitations and additions set forth in the Direction of Election
herein.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa.
tives for the purposes of collective bargaining with Ely & Walker Dry
Goods Company, Kennett, Missouri, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the date of this Direction , under the direction and supervision
of the Regional Director for the Fourteenth Region , acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 preceding
August 3, 1943, including employees who did not work during said
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
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by Amalgamated Clothing
Workers of America, affiliated with the Congress of Industrial Organ-
izations, or by United Garment Workers of America, Local Union
266, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining , or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.