Fuld & Hatch Knitting Co.

National Labor Relations Board - Board Decisions

Aug 3, 1944

57 N.L.R.B. 896 (N.L.R.B. 1944)

,In the Matter of ' FuL) & HATCH KNITTING , COMPANY and TEXTILE
WORKERS UNION OF AMERICA, C. I. O.
Case No. 2-R-47U8.Decided August 3,. 19.4.
Zilch & Poskanzer, by Mr. Avrom M. Jacobs, of Albany, N. Y., for
the Company.
Mr. Jack Rubenstein, of Ne* York City, for the CIO.
Mr. Abraham Pincus, of Cohoes, N. Y., for the AFL.
Mr. Bernard Goldberg, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE ,
Upon an amended petition duly'filed by Textile Workers Union of
America, C. I. 0., herein called the CIO, alleging that a question af-
fecting commerce had arisen concerning the representation of em-'
ployees of Fuld & Hatch Knitting Company, Cohoes, New York,
herein called the Company; the'National-Labor"Relations Board, pro-
vided for an appropriate hea^in'g upon due notice before Martin I.
Rose,, Trial Examiner. Said hearing was held' at Cohoes, New York,'
on June 29, 1944. The Company, the C. I. O., and Local 2648, United
Textile Workers of America, A. F. L., herein called the AFL, ap-
peared and participated. 'All parties were afforded, full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing onn 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
Fuld & Hatch Knitting Company, a New York corporation ; has its
office and factories at Cohoes, New York, where it is engaged in the
processing , manufacture , sale, and distribution of yarns and knit
57 N. L . R.,B, No. 146.
896
FULD & HATCH KNITTING COMPANY 897
goods . It,operates two plants , called respectively the Saratoga Street
plant and the Remsen Street plant. During the year preceding April
26, 1944, the Colilpany purchased rt w materials , 'consisting of cotton
and wool valued in excess of $1;000,000, of which approximately 90
percent was shipped into the State of New York from points outside
the State . During the same period , the Company manufactured and
processed finished products valued in excess of $1,000,000, of which
about 50 , percept vas shipped outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Local 2648, United Textile 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
A contract between the Company and the AFL, covering the em-
ployees of both plants in Cohoes, New York, owned by the Company;
expired on June 27, 1944, and has not been renewed. On February 28,
1944, the CIO wrote the Company a letter requesting recognition and
the start-of contract negotiations. The'Company refused the CIO's
request in view of its contract with the AFL.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees iii the unit hereinafter found appropriate.'
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
The CIO seeks two separate units of production and maintenance
employees, including shipping employees, firemen, and watchmen, but
excluding salesmen,, office and clerical employees, and all supervisory
1 The Field Examiner reported that the CIO submitted 235 authorization cards ; that the
names on 150 of the cards appeared on the Company ' s pay roll of April 26 , 1944, as
follows : 108 on the Saratoga Street plant pay roll , and 42 on the Remsen Street plant pay
roll , that the former plant had 154 names on the pay roll and the latter 173 ; and that the
cards were dated between July 1943 and May 1944. The AFL relies on its contract to
establish its interest .
601248=45-vol. 57-58
898 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
personnel ; one unit to be confined to the employees at the Saratoga
Street plant and the other to those in the Reinsen Street plant. The
AFL and the Company contend that a single unit covering both plants
is appropriate . There is no conflict between the parties with respect
to the inclusion or exclusion of any of the employee categories named
above.
The Saratoga Street plant and the Remsen Street plant are situated
about one-half mile ' apart . The Saratoga Street plant includes a
warehouse , spinning and knitting departments . Raw cotton and wool
are received in this plant , are spun into yarn and are then knitted into
fabric. The rolls of cloth are then transported to the Remsen Street
plant where they are treated in various ways and are then manu-
factured into underwear . The finished product is shipped from the
Remsen Street plant unless goods-are made in advance, in which case
they are sent to the Saratoga Street warehouse for storage. , Office
and maintenance employees are interchangeable between the plants.
The supervisor of the Remsen Street plant also'supervises the knitting'
department in the Saratoga Street plant.
On May 1, 1941 ; the Board certified the AFL as the bargaining rep-
resentative for production and maintenance employees-in the Saratoga
Street plant 2 after deciding that a unit confined to that plant was ap-
propriate' on the basis of the extent of organization ." Pursuant to
such certification , a contract between the AFL and'the Company coi--
ei-ing the employees in the Saratoga Street plant Was sighed on June'
27, 1941. Thereafter , as the result of a consent election conducted by
'the Board among the employees in the Reins'eii ' Street p'lant', %vhicli•the-
AFL won,4 the parties on October 3 , 1941 , extended the coverage of the
previous contract to the employees in the Remsen Street plant. On
July 13, 1942, the AFL and the Company signed an addendum which
added a maintenance of membership clause to the previous contracts
On July 1, 1943 , the contracting parties executed a renewal contract
with slight inodificatioins .' While the AFL had separate locals in the
Saratoga Street an Remsen Street Plants until May 1944, when they'
were merged , contract negotiations were conducted simultaneously
with committees of both locals and the terms of agreement were em-
bodied in a single , document. Terms and conditions of employment
are the , same in both plants. Any differential in pay is based on the
type of work done and not on the place of employment ., In view ,of
the functional coherence of the operations in the two plants and the
foregoing bargaining history, we are of the opinion that a single two-
plant , unit is appropriate., ,
j
2 Matter of Fuld and Hatch Knitting Co , 31 N L. R B. 530
Matter,of Fuld and Hatch 'Knitting Co, 30 ,N L. R. B 1133.
* Matter of Fuld and Hatch Knitting Co, 2-R-2373 '
FULD & HATCH KNITTING COMPANY 899
,The parties are in disagreement as to the exclusion or inclusion of
Yvonne Miller, a general utility production employee, who in addition
to her other duties, instructs beginners. The CIO contends that in
respect to•these beginners, she performs supervisory duties and should
be excluded. The- record does not sustain the CIO's position. Mrs.
Miller performs no duties which may be denominated supervisory
within our customary definition. - Like other production employees,
she is hourly paid. Her rate of pay is approximately 54 cents per
hour. Admittedly supervisory employees are salaried. We shall
include her in the unit.
We find that all production and maintenance employees in both the
Saratoga and Remsen Street plants of the,Company, including ship-
ping employees, firemen and watchmen, but excluding salesmen, office
and clerical employees, executives, foremen, foreladies, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees,'or effec-
tlvely recommend"'such acti'on' constitute a unit appropriate' for the
purposes Of collective bargaining within the meaning of Section 9 (b)
of the Act.6
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 Election
herein, subject to the ,limitations and additions set forth in the Di-
rection. I
DIRECTION OF ELECTION
By virtue of and pursuant of 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 Fuld & Hatch
Knitting Company, Cohoes, New York, 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 Second Region, acting in this
platter as agent for the National Labor Relations Board, and subject
5 David Fuld , a stockholder of the Company , prior to his induction into the Army was
undergoing training -preliminary to his assumption of managerial duties He was on the
pay' roll as an "assistant foielnan " , In accordance with the agreement of the parties, we
shall exclude him from the unit.
G This is substantially the same unit covered by the contracts between the AFL and the
Company. -
I
900 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to 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,
preceding the date of this Direction , including , employees n ho did
not work during said pay -roll period because they were ill or on vaca-
tion 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 those employees who.have since.guit or been dis-
charged for cause and have not been rehired or reinstated, prior to the
date of the election , to determine whether they desire to be repre-
sented by Textile Workers Unioii of America , affiliated with the, Con- -
gress of Industrial Organization's, or by local 2648 , United Textile
Workers of America, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above De-
cision and Direction of Election.
4