4 N.L.R.B. 125 (N.L.R.B. 1937)

Goldstein Hat Manufacturing Co.

National Labor Relations Board - Board DecisionsNov 11, 1937

4 N.L.R.B. 125 (N.L.R.B. 1937)

In the Matter of GOLDSTEIN HAT MANUFACTURING COMPANY and UNITED HATTERS, CAP AND MILLINERY WORKERS INTERNATIONAL UNION, LOCAL 57 Case No. R-3449 Mr. L. N. D. Wells, Jr., and Mr. Warren Woods, for the Board. Mr. Emil Corenbleth, of Dallas, Tex., for the Company. Mr. Jim Guthrie, of Dallas, Tex., for the Union. Mr. Lewis M. Gill, of counsel to the Board. DIRECTION OF ELECTION November 11, 1937 The National Labor Relations Board, having found upon an ex- amination of the record in the above matter that a question affecting commerce has arisen concerning the representation of employees of Goldstein Hat Manufacturing Company, Dallas, Texas, and that the blockers, apprentice blockers, operators, apprentice operators, trim- mers, apprentice trimmers, foreman, forelady, assistant foreladies, cutters, inspectors, preparers, helpers, order filler, and shipping clerks employed by said Company (as listed in Appendix A, annexed hereto) constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act, 49 Stat. 449, and acting pursuant to the power vested in it by Section 9 (c) of said Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regu- lations-Series 1, as amended, hereby DIRECTS that, as part of the investigation ordered to ascertain representatives for the purposes of collective bargaining with Gold- stein Hat Manufacturing Company, Dallas, Texas, an election by secret ballot shall be conducted within a period of ten (10) days from,the date of this Direction of Election, under the direction and supervision of the Regional Director for the Sixteenth Region, acting in this matter as the agent of the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the blockers, apprentice blockers, operators, apprentice op- erators, trimmers, apprentice trimmers, foreman, forelady, assistant foreladies, cutters, inspectors, preparers, helpers, order filler, and shipping clerks employed by said Company ( as listed in Appendix A, annexed hereto) to determine whether or not they desire to be rep- resented by the United Hatters, Cap and Millinery Workers Interna- tional Union, Local 57, for the purposes of collective bargaining. 125 126 NATIONAL LABOR RELATIONS BOARD APPENDIX A BLOCKERS: TRIMMERS : FOREMAN : Richard Morris Adelle Ballard Arvil Inge De Alva Cayce Ned Smith James Clark Evelyn Allen Alvin Holman Dora Buffington FORELADY: Arthur Da Mommio Helen Williams Bill Murray Louise Wright Grace Emery Ralph Smith Eunice Jarvis Eugene Peters Katherine Sloan ASSISTANT FORELA A. J. Ethetton Lila Ribble Asa Benningfield Armiue Sams Sue Shields Deugar Russell Willie Mae Watson Ada Ragsdale L W. Cadmus Bess Pendergrass Dawson McMichael Irene Bowden CUTTERS: Crockett McKay Ted Kennedy Doyle Inge Opal McKay Jewell Small J D Camp Ruby Retherford Ollie Bell Paskett Gans Smith Gei tie McIntosh Genevieve Swain Hubert Stamps Mattie McCallum Floyette Waller Jonas Clark Helen Carroll Wmnie Thedoford Milo Benningfield Florence Hardin George Day Maray Phillips INSPECTORS: Sibbie Kerbow APPRENTICE BLOCKERS: Lena Ballard Olis Davis liana Tibbitts Elizabeth Davis Harvey Huse Lena Latimer Loette Beets Harold Hill Emily Turnipseed Delmar McKinley Bertha Toungate PREPARERS: C. R. McMillan Rosa Lee Nichols Mayo Roper Clemmie Mann Louise Harrell J. C. Williams, Jr. Rosa Lee Jordon Lucille Rogers Ina Wilson Gladys Wallace OPERATORS: Muriel Yates Louise Weston HELPERS : Margaret Trussell Jane Moss Annie Lou Spencer Iva Mavis Gene Handley Marie Inge Irene Kinnard Robert Bristow Jettie Brashear Edith Henrie Jack Bristow Susie Bates Alice Couch Olden Phillips Jewell Freeman Alma Baker Evie Price Ada Graves ORDER FILLER: Morris Fink Clara Ward Seymour Goldstein Mittie McCown Lorraine Handley APPRENTICE OPERATORS: Sylvia Strube APPRENTICE TRIMMERS : Hallie Trussel Ethel Doty Lois Crane Mozelle Spurgeon Allie Scott Tempest Riedel Ethel Goodwin Margaret Platt Edythe Harden Katherine Meachum SHIPPING CLERKS : Geo. Starling Geo. Scallon DIES : DECISIONS AND ORDERS '[SAME TITLE 127 Decision, December 23, 1937 Millinery Manufacturing Industry-Investigation of Representatives: con- troversy concerning representation of employees ; refusal by employer to recognize petitioning -union as exclusive bargaining agent-Unit Appropriate for Collective Bargaining : production employees, no controversy as to-Elec- tion Ordered-Dismissal of Petition for Investigation and Certification. DECISION AND ORDER STATEMENT OF THE CASE On August 17, 1937, United Hatters, Cap and Millinery Workers International Union, Local 57, herein called the Union, filed with the Regional Director for the Sixteenth Region (Fort Worth, Texas) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Goldstein Hat Manufac- turing Company, Dallas, Texas, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 11, 1937, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On the same day the Board, acting pursuant to Article III, Section 10, of said Rules and Regulations, ordered this case con- solidated with certain others for purposes of hearing. On September 18, 1937, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to the notice, a hearing was held September 30 through October 21, 1937, at Dallas, Texas, before William H. Griffin, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. After examining the record in this matter, the Board concluded that a question affecting commerce had arisen concerning the representa- 128 NATIONAL LABOR RELATIONS BOARD tion of employees of the Company, and on the basis of such conclu- sion, and acting pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued a Direction of Election on November 11, 1937, in which it found that the blockers, apprentice blockers, operators, apprentice operators, trimmers, apprentice trimmers, foreman, forelady, assistant fore- ladies, cutters, inspectors, preparers, helpers, order filler, and shipping clerks employed by the Company (as listed in Appendix A attached to the Direction of Election) constitute a unit appropriate for the pur- poses of collective bargaining. For the purpose of expediting the election and thus to insure to employees of the Company the full bene- fit of their right to collective bargaining as soon as possible, the Board directed the election without at the same time issuing a decision em- bodying complete findings of fact and conclusions of law. The Board also designated the Regional Director for the Sixteenth Region as its agent to conduct the election among the employees in the appropriate unit. Pursuant to the Board's Direction of Election, an election by secret ballot was conducted by the Regional Director on November 23, 1937, among the employees of the Company constituting the bargaining unit found appropriate by the Board. Thereafter, the Regional Director issued and duly served upon the parties to the proceeding the Intermediate Report upon the secret ballot. No exceptions to the Intermediate Report have been filed by any of the parties. . As to the balloting and its results, the Regional Director reported the following : Total number of eligibles___________________________________ 111 Total number of ballots counted_____________________________ 95 Total number of votes for United Hatters, Cap and Millinery Workers International Union, Local 57_____________________ 22 Total number of votes against United Hatters, Cap and Mil- linery Workers International Union, Local 57_______________ 73 Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 0 Total number of challenged votes____________________________ 0 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a Texas corporation, with its plant and principal offices in Dallas, Texas. It is engaged in the manufacture and sale of millinery. Raw materials used by the Company include felt, felt bodies, ribbon, trimmings, and piece goods. Between 80 and 90 DECISIONS AND ORDERS 129 per cent of the raw materials are purchased outside the State of Texas, principally in New York City. About two-thirds of the millinery made by the Company is sold outside the State of Texas. Gross sales of the Company in 1936 were between $300,000 and $500,000. H. THE UNION United Hatters, Cap and Millinery Workers International Union, Local 57, is a labor organization admitting to its membership all production employees of the Company, including foremen and fore- ladies. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to bargain with the Union without proof of the Union's majority. We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial re- lation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing counsel for the Company and counsel for the Union each agreed that the appropriate unit should consist of an agreed group of employees of the Company, including blockers, apprentice blockers, operators, apprentice operators, trimmers, apprentice trim- mers, foreman, forelady, assistant foreladies, cutters, inspectors, pre- parers, helpers, order filler, and shipping clerks. We see no reason for invalidating this agreed unit. We find that the blockers, apprentice blockers, operators, apprentice operators, trimmers, apprentice trimmers, foreman, forelady, assist- ant foreladies, cutters, inspectors, preparers, helpers, order filler, and shipping clerks employed by the Company (as listed in Appendix A, annexed to the Direction of Election issued by the Board on November 11, 1937) constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to collec- tive bargaining and will otherwise effectuate the policies of the Act. 130 NATIONAL LABOR RELATIONS BOARD VI. THE DETERMINATION OF REPRESENTATIVES The results of the secret ballot show that no collective bargaining representatives have been selected by a majority of the employees of the Company in the appropriate unit. We will accordingly dismiss the petition for investigation and certification filed by the Union. Upon the basis of the above findings of ' fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of Goldstein Hat Manufacturing Company, Dallas, Texas, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The blockers , apprentice blockers , operators, apprentice oper- ators, trimmers , apprentice trimmers, foreman , forelady, assistant toreladies , cutters, inspectors , preparers , helpers, order filler, and shipping clerks employed by the Company (as listed in Appendix A, annexed to the Direction of Election issued by the Board in this case on November 11, 1937 ) constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact and conclusions of law, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of em- ployees of Goldstein Hat. Manufacturing Company filed by United Hatters, Cap and Millinery Workers International Union , Local 57, be, and it - hereby is, dismissed.