G. H. Hess, Inc.

National Labor Relations Board - Board Decisions

Mar 19, 1948

76 N.L.R.B. 838 (N.L.R.B. 1948)

In the Matter of G. H. HESS, INCORPORATED , EMPLOYER and INTERNA-
TIONAL LADIES' GARMENT WORxRRS UNION , A. F. L., PETITIONER
Case No. 6-RC-31.-Decided March 19, 1948
Messrs. Warren G. Smith, and W. H. Hess, of Louisville, Ohio, for
the Employer.
Mr. Irwin J. Jaffe, of Baltimore , Md., and Mr. Joseph Lewis, of
North Kenova, Ohio, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Pitts-
burgh, Pennsylvania, on January 29, 1948, before Erwin Lerten, hear-
ing officer. The hearing ofpicet•'s rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the ease, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
G. H. Hess, Incorporated, manufacturers maids' uniforms and day-
time dresses at its plants in Louisville, Ohio, and Wheeling, West Vir-
ginia. We are here concerned only with the Wheeling, West Virginia,
plant. In 1947, the Employer purchased for use at this plant raw
materials exceeding $70,000 in value, all of which represented ship-
ments from points outside the State of West Virginia. During the
same period, the Employer shipper products exceeding $125,000 in
value, from this plant to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
I Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three-man panel consisting of the undersigned
Board Members [ Houston , Murdock, and Gray].
76 N. L. R B., No. 118.
838
G. H. HESS, INCORPORATED 839
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in agreement with the parties, that all pro-
duction and maintenance employees at the Wheeling, West Virginia,
plant of the Employer excluding clerical employees, foreladies, inspec-
tors, janitorial employees, guards, professional employees, and super-
visors constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with G. H. Hess, Incorporated,
Wheeling, West Virginia, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Sixth Region and subject to Sections 203.61
and 203.62, of National Labor Relations Board Rules and Regula-
tions-Series 5, 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
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented by International
Ladies' Garment Workers Union, A. F. L., for the purposes of
collective bargaining.