George R. Burrows, Inc.

National Labor Relations Board - Board Decisions

Jul 24, 1942

42 N.L.R.B. 885 (N.L.R.B. 1942)

-In the Matter of GEORGE L MADDEN, AS RECEIVER OF GEORGE R BUR-
ROWS, INC and TEXTILE WORKERS UNION OF AMERICA, GREATER NEW
YORK JOINT BOARD
In the Matter of GEORGE L MADDEN, AS RECEIVER OF GEORGE R. BUR-
ROWS, INC and TEXTILE WORKERS UNION OF AMERICA, GREATER NEW
YORK JOINT BOARD, AND ALLIED BEDDING CURTAIN & DRAPERY WORK-
ERS UNION, LOCAL 350, AFFILIATED WITH UPHOLSTERERS INTERNA-
TIONAL UNION OF NORTH AMERICA, AFFILIATED WITH AMERICAN FED-
ERATION OF LABOR '
Cases Nos R-4014 and RE-respectively -Decided July 04, 1942
Jurisdiction : canvas products manufacturing industry
Practice and Procedure : petition dismissed wheie these was a valid existing con-
tract between Company and a rival oiganization
Mr James C. Paradise, for the Board'
Mr Benjamin Siegel, of New York City, for the Company.
Mr James Lipsig, of New York City, for the T W U A
Mr Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions and amended petitions duly filed by Textile Work-
ers Union of America Greater New York Joint Board, herein called
the T W U A, and George L' Madden, as receiver of George R
Burrows, Inc , New York • City, herein called the Company, each
alleging that a question affecting commerce had aiisen concerning the,
iepresentation of employees of the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Charles E Person, Trial Examiner Said heaiing was held
at New York City on July 2,1942 The Company and the T W U A
appeared and participated 1 All parties were afforded full oppor-
' United Textile Workers Union of America, Locals 4 and 23110, were notified of the
hearing and appeared for the sole purpose of filing a motion for continuance The motion
was denied when it was disclosed that such locals had no representation among the em-
ployees of the Company Allied Bedding 'Curtain & Drapeiy Workers Union, Local 350,
affiliated with the Upholsterers International Union of North America, herein called Local
350, was also notified of the hearing but did not appear
42NLRB,No 168
885
886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues - During the course of the
hearing counsel for the T W U A. moved, without objection, to
correct certain formal papers in the proceeding in minor respects.
The Trial Examinei reserved his rulings The motions are hereby
granted. The Trial Examiner's rulings 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
I THE BUSINESS OF THE COMPANY
George L Madden is the Receiver in Bankruptcy of George R.
Burrows, Inc, a New York corporation with its principal place of
business in New York City The Company operates plants in New
York City and Brooklyn, New York, where it is engaged in the manu-
facture of canvas products for the United States armed forces Dur-
ing the 6-month period ending June 3, 1942, the Company used
materials valued at about $1,112,000 00, about $1,081,000 00 worth of
which was shipped to it from outside the State of New York During
the same period the Company shipped finished products valued
at about $375,000 00, approximately $50,000 00 worth of which were
shipped outside the State of New York The Company admits that
it is engaged in commerce within the meaning of the Act
II THE ORGANIZATIONS INVOLVED
Textile Workers Union of America Greater New York Joint Board
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company
Allied Bedding Curtain & Drapery Workers Union, Local 350,
affiliated with Upholsterers International Union of North America,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the T. W U A as the exclu-
sive representative of its employees because it alleges that a contract
between it and Local 350 constitutes a bar to a present determination
of representatives -
On December 18, 1941, the Company and Local 350 entered into a
closed-shop contract On April 1, 1942, the Company and Local 350
entered into a new closed-shop contract covering all employees of the
Company. The latter contract is to remain in full force and effect
until April 31, 1944 T W U A did not make its claims on the
Company until after April 1, 1942 There is nothing in the record
GEORGE L MADDEN 887
to indicate that the contracts between the Company and Local 350
were not entered into in good faith. Under these circumstances we
'find that the contractual relations between the Company and Local
350 constitute a bar to a piesent deteimmation of representatives
However, we would entertain a new petition shortly before the expira-
tion of 1 year fiom the date of the execution of the December 18, 1941,
contract
We find that no question has arisen concerning the representation
of employees of the Company
ORDER
Upon the basis of the above findings of fact the National Labor
Relations Board hereby orders that the petitions, as amended, for
investigation and certification of representatives filed by Textile
Workers Union of America Gieater New York Joint Board and by
George L Madden, as receiver of George R. Burrows, Inc, be, and
they hereby are, dismissed
MR GERARD D REILLY took no part in the consideiation of the above
Decision and Order