Ely & Walker Dry Goods Co.

National Labor Relations Board - Board Decisions

Dec 8, 1943

53 N.L.R.B. 1223 (N.L.R.B. 1943)

In the Matter of ELY & WALKER DRY GOODS Co. and UNITED GARMENT
WORKERS OF AMERICA, A. F. or L.
Case No. 15-R-1006.-Decided December 8, 1943
Mr. Henry Davis, of St. Louis, Mo., for the Company.
Mr. Harry Williams, of Paragould, Ark., for the United.
Mr. Frank Scraps, of Chicago, Ill., 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,
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 Co., Paragould, Arkansas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before David Karasick, Trial Ex-
aminer. Said hearing was held at Paragould, Arkansas, on November
23, 1943. At the commencement of the hearing the Trial Examiner
granted a motion of Local No. 441, Amalgamated Clothing Workers
of America, C. I. 0., herein called the Amalgamated, to intervene.
The Company, the United, and the Amalgamated appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the close of the hearing the Amalgamated moved to dismiss
the petition. The Trial Examiner reserved ruling. The motion is
hereby denied. 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
1. THE BUSINESS OF THE COMPANY
Ely & Walker Dry Goods Co., is a Missouri corporation operating a
plant at Paragould. Arkansas, where it is engaged in the manufacture
53 N. L. R. B. No. 222.
1223
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of boys' and men's shirts. During 1942 the Company used raw mate-
rials at its Paragould plant valued at about $400,000, all of which was
shipped to it from points outside the State of Arkansas. During the
same period the Company manufactured products at its Paragould
plant valued at about $750,000, approximately 95 percent of which was
shipped to points' outside the State of Arkansas. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 441, Amalgamated Clothing Workers of America, is u labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
United Garment Workers of America is a labor organization affili-
ated with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 22, 1943, the United requested the Company to recognize
it as the exclusive - collective bargaining representative of the em-
ployees at the Paragould plant. The Company refused this request
on the ground that it was bargaining with the Amalgamated.
On July 27, 1943, the Amalgamated requested the Company to
recognize it as exclusive collective bargaining representative of the
employees at the Paragould plant. After checking the Amalgamated
membership application cards, the Company notified the Amalga-
mated on August 4, 1943, that it recognized it as exclusive bargaining
agent of the employees at the Paragould plant. However, the Com-
pany did not enter into any agreement until September 11, 1943, when
it signed a closed-shop contract with the Amalgamated. The Com-
pany and the Amalgamated contend that the agreement for recog-
nition of August 4 and the contract executed on September 11, con-
stitute a bar to the instant proceeding. Because a recognition agree-
ment alone does not achieve the desired stability in labor relations,
we find that the recognition accorded the Amalgamated on August 4,
1943, is not a bar to a determination of representatives.'
The Amalgamated further contends that a limitation upon the ex-
penditure of Board funds contained in the current Appropriation
Act 2 precludes the Board from proceeding herein on the ground that
the Act in question prohibits it from making a finding in any pro-
1 The contract signed on September 11, 1943, obviously is not a bar , since it was executed
after the United had made its claim
2 National Labor Relations Boai d Appropriation Act, 1944, Title IV, Act of July 12, 1943,
P. L 135, 78th Congress, 1st Session
ELY R WALKER DRY GOODS CO. 1225
ceeding in derogation of a contract between management and labor
in existence for more than 3 months. Since the limitation referred
to has no 'application to representation cases, but specifically provides
that it applies to "a complaint case," the contention is without merit.3
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the,United and the Amalgamated each
represents a substantial number of employees in the unit hereinafter
found to be appropriate .4
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 an agreement of the parties, that all
sewing machine operators, learners, time workers in the sewing room,
consisting of bundle boys and pocket creasers, time workers in the
cutting room, consisting of cutters, markers, trimmers, spreaders,
repair boys, tiers, cutters and spreaders, piece goods checkers, num-
berers, stampers and bundle boys, pressers in the laundry, time work-
ers in the packing room, consisting of packers, shippers and shirt
assorters, machinists' helpers,, night watchmen, maintenance men, jan-
itresses, and machine oilers at the Paragould plant of the Company,
excluding office and clerical employees, forelady of the dress shirt
department, foreman of the pressing department, foreman of the
"C" room, forelady of the "W" shirts department, floor girls in the
sewing room and laundry, the machinist, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status" of employees, or effectively rec-
ommend 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 means of 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
Election herein, subject to the limitations and additions set forth
in the Direction.
9 See Matter of California Dooi Company, 552 N L R B 68
4 The Regional Dn ector repotted that the United presented authorization cards bearing
apparently genuine signatures of 224 persons whose names appear on the Company's pay roll
of September 24, 1943. There are approximately 365 employees in the appropriate unit.
He further reported that the Amalgamated presented 213 authorization cards bearing ap-
parently genuine signatures of persons whose names appear on the September 24, 1943,
pay roll.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor'
Relations Board Rules and Regulations-Series 3, 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 Co., Paragould, Arkansas, 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 super-
vision of the Regional Director for the Fifteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction, 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 and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
Local 441, Amalgamated Clothing Workers of America, affiliated with
the C. 1. 0., or by United Garment Workers of America, A. F. of L., for
the purposes of collective bargaining,, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.