George W. Prior Co.

National Labor Relations Board - Board Decisions

Nov 4, 1949

86 N.L.R.B. 1259 (N.L.R.B. 1949)

In the Matter of GEORGE W. PRIOR COMPANY, EMPLOYER and UNITED
GARMENT WORKERS OF AMERICA , AFL, PETITIONER
Case No. 33-RC-109.-Decided November 4, 1919
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Charles Y.
Latimer, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer, a Colorado corporation, manufactures ladies blue
jeans. It operates two factories: one at Denver, Colorado, and one
at Las Vegas, New Mexico. The Las Vegas, New Mexico, plant is
the only one involved in this proceeding. The Las Vegas plant began
operations in May 1949. Since it began its Las Vegas operations,
the Employer has purchased raw materials for that plant in the amount
of $28,675, all of which were made outside the State of New Mexico.
During this same period the Employer had sold 2,065 dozen blue jeans
valued at $37,335, all of which have been sold and shipped to points
outside the State of New Mexico. Some of the goods go first to the
Employer's Denver, Colorado, plant.
, Contrary to the contention of the Employer, we find that it is en-
gaged in commerce within the meaning of the Act'
2. The labor organization involved claims to represent certain enI-
ployees of the Employer.
3. A 'question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and. Section 2 (6) and (7) of the Act.
4. The following employees constitute an appropriate unit for
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act :
All production and. maintenance employees in all departments of
the Employer's Las Vegas, New Mexico, plant, excluding office clerical
i Matter of Robin Hood Sportswear of California, 73 N. L. R. B. 852.
86 N. L. R. B., No. 138. 1259
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, janitors, watchmen and guards, the floor lady, and all
other supervisors as defined in the Act.'
5. The determination of representatives :
The Employer contends that an election at the present time would
be premature, and urges that the Board defer the election until the
full complement of employees is obtained. The Employer contem-
plates increasing its operating personnel from 35 at the time of the
hearing to 75 by January 1950. The turn-over in personnel since the
plant commenced operations in May 1949 has been approximately
100 percent. It appears from the record, however, that the employees
in the present complement of the plant have a reasonable expectation
of becoming permanent employees and appear to be representative and
to constitute a substantial proportion of the contemplated working
force. Under these circumstances, we see no reason for departing
from our usual policy of directing an immediate election.3
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bargain-
ing, by United Garment Workers of America, AFL.
2 The Employer would exclude the maintenance employees and the shipping and receiving
employees. From the record; there appears no basis for the contended exclusions. It is
clear that, except for a difference in pay method, piecework as against straight time, there is
no substantial difference In the interests and working conditions of these employees and
those of the production employees. Therefore, in accord with our usual policy and in
recognition of the normal community of interests between the production and maintenance
workers, we shall Include the maintenance employees and the shipping and receiving
employees in the unit found appropriate. Matter of Cardinal Products, Inc., 80 N. L. R. B.
113; Matter of McKamie Gas Cleaning Company, 80 N. L. R. B. 1447; Matter of American
Twine and Fabric Corp., 70 N. L. R. B. 283.
8 Matter of America Enka Corporation (Lowland), 80 N. L. R. B. 298; Matter of
Harnischfeger Corporation, 86 N. L. R. B. 325.