Empire State Silk Label Co.

National Labor Relations Board - Board Decisions

Aug 1, 1942

42 N.L.R.B. 1209 (N.L.R.B. 1942)

In the Matter Of PHILMER B EVES AND H J ANDRESEN, AS ExEcu-
TORS OF THE LAST WILL AND TESTAMENT OF ALBERT K BuirL, NOW
DECEASED , FORMERLY ' DOING BUSINESS ' UNDER THE" TRADE NAME AND
STYLE OF EMPIRE STACIE SILK LABEL Co and FEDERATION OF WOVEN
LABEL & NARROW FABRIC WORKERS, A F or L ,
Case No R-3997.-Decided August 1, 1912
Jurisdiction : woven label manufacturing industry
Investigation and Certification of Representatives : existence of question dis-
pute as to ' appiopiiate unit, election necessary
Unit Appropriate for Collective Bargaining . all weavers and learners in the
weaving department of the Company, excluding foremen, unit based upon
extent of organization
Mr. A. Bernard King, of New York City, for Co-Executor H. J.
Andresen, and Mr Arthur F Simonson, of Staten Island, N. Y ,
for Co-Executor Philmer B Eves.
Mr Charles Ehrentraut, of Paterson, N J., for the Union
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Federation of
Woven Label & Narrow Fabric Workers, A F. of L ,1 herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Philmer B. Eves and
H J. Andresen, as Executors of the Last Will and Testament of
Albert K Buhl, now deceased, formerly doing business under the
trade name and style of Empire State Silk Label Co., Staten Island,
New -York, -'herein- called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Martin I. Rose, Trial Examiner. Said hearing was held
I The Trial Examiner , without objection by the parties , granted a motion to correct
,the title on all the formal pleadings to read as set forth above At a convention on June
21, 1942, the name of the Union was changed from Federation of Woven Label Workers,
A F of L to Federation of Woven Label & Narrow Fabric Workers, A F of L
42NLRB , No222 1
1209
0
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at New York City, on June 25, 1942 The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues During the hearing, the Company
moved that the petition be dismissed on the ground that the Union
had failed to prove by competent evidence that the weavers consti-
'iute an appropriate bargaining unit: At the conclusion of`the'hear-
ing, the Company moved that in the-event the Board does not find
the Union's alleged unit appropriate, the petition be dismissed. The
Tiial Examiner reserved rulings on these motions They are hereby
denied 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
N I THE BUSINESS OF THE COMPANY
Philmer B -Eves and H J Andresen, executors under the last will
and testament of Albeit K Buhl, deceased, are engaged at a plant at
386 Clove Road, Staten Island, New York, in care yi ng on the business
of the decedent, namely, the manufacture, sale, and distribution of
woven labels During the 6 months preceding the hearing, the Com-
pany purchased raw materials valued in excess of $10,000, of which,
approximately 60 percent was shipped to the plant from points outside
the State of New York During the same period, the Company man-
ufactured products valued in excess of $10,000, of which approxi-
mately 70 percent was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act
II TIIE ORGANIZAIION INVOLVED
Federation of Woven Label & Narrow Fabric Workers is a labor
organization affiliated with the American Federation of Labor. It
admits to member ship employees of the Company ,
III THE QUESTION CONCERNING RFPRESENIATION
On April 13, 1942, the Union notified the Company that it repre-
sented a majority of the Company's weavers and requested a confer-
ence At a conference held on or about May 7, 1942, the Company
took the position that the,question of appioprrate,unit should be sub-
mitted to the Board for determination -
A report prepared by the Regional Director and introduced in evi-
dence at the hearing indicates that the Union represents a substantial
O
PHILMER B EVES AND H 'J" ANDRESEN, EXECUTORS 1211
number of employees of the Company inn the''uhlt' hereinafter found
'to be appropi late 2 ' , - I
We find that a question affecting- cbnimei ce' has arisen concerning
the representation of employees of tile' Company, irithin the meaning
of Section 9 (c) and Section 2 (6) wind (7) of the Act
`IV THE APPROPRIATE' UNIT
The Union contends that all weavers and learners in the Company's
weaving department, excluding foremen, constitute an appropriate
unit for the purposes of collective bargaining 'It argues that weav-
ing is a skilled operation requiring approximately'3 years of training
for proficiency The Company denies that weaving is highly skilled
It contends that its operations aie interdependent and integrated and
that the unit should consist of all the employees at'its plant, including
office workers and' supervisory employees
The manufacturing operations of the ^CQnnpany's 'plant include, in
addition to the weaving of labels, auxiliary operations such as design-
ing, warping, winding, card cutting, and card lacing The Company
employs approximately 29 weavers who work on a piece-rate basis.3
Other production employees, numbering approximately 66, are on an
hourly late The weavers are higher,paid,than any other employees
engaged in production work
Although workers engagedin the auxiliary , operations are eligible
to membership in the Union, the Union has 'restricted its organizing to
the employees of the weaving clepal tment in pursuance of a policy
first to organize the "major" department,of the plant There is no
evidence that the other employees of` the Company belong to any
union; nor has any other labor 'Organ ization,petition ed the Board for
certification as repiesentative of'the Company's employees on a plant-
wide basis Thus, even if, under other. circumstances, the weavers
and learners in the -weaving clepartnnent would not constitute the most
effective bargaining uit, nevertheless,, m, the existing circumstances,
unless they aie recognized as a separate unit, tlrei e will be no collective
bargaining agent whatsoever for these workers
Under the circumstances, including the existing state of organiza-
tion among the employees of the Company, and ,without prejudice
2 The Regional Director repotted that the Union submitted its membership roll book
which contained the names of 17 members and the dates on which the initiation fees
and dues were paid Of the 17 members, 11 joined the Union on 'August 4, 1941, 1 on
October 4 , 1941, 2 on February 14, 1942 , 2 on March 14, 1942 , and 1 has been a member,
of the Union for a number of years and was a carry -over from brother shop All 17 are
ilassrfled as wea%eis The Company 's pay roll1for the week ending April 30, 1942 , showed
that there are 29 weavers employed Of the 17 merhbers , 15 were employed by the Com-
pany The Union has no members in any other department
The Company also employs learners who ultimately become weavers At the time of
the hearing , however , none was employed
1212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to a reconsideration of the appropriate- unit, at a , later stage, in -
employee self organization, we find that all weavers and learners in
the weaving department of the Company, excluding foremen, consti-
tute 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 our Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By viitue 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 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 baigaining with Philmei B Eves
and H J. Andresen as executors of the Last Will and Testament of
Albert K Buhl, now deceased, formeily doing business under the trade
name and style of Empire State Silk Label Co, Staten Island, New
York, an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days fiom the date of this Direction,
under the direction and supervision of the Regional Director for the
Second Region, acting in this mattei, as agent for the National Labor
Relations Board, and subject to Article III, Section 9, 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 pieceding4he date of this Direction, including employees
who did not work during said period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have since
quit or been discharged for cause; to determine whether or not they
desire to be'represented by Federation of Woven Label & Narrow
Fabric Workers, A F of L. for the purposes of collective bargaining.
MR. GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election