Goodall Co.

National Labor Relations Board - Board Decisions

May 12, 1944

56 N.L.R.B. 465 (N.L.R.B. 1944)

In- the Matter of GOODALL COMPANY' and' AMALGAMATED CL'OTHIN4
WORKERS OF' AMERICA , C. I. O.
Case-No. 10=R-11J3:=Decided May 12, 194i:4.
Frantz, McConnell ct; Seymour, by Mr. Thomas, G. McConnell, and
Messrs. Fred J. Mohr,, O: C. Kromer,. Carl Ste ff ensen, and Ernest
Hooper, all of Knoxville, Tenn., for the Company.
Messrs. Carl F.- Albrecht and Charles C. Webb'er,_ of Knoxville,
Tenn., for the Union.
Mrs. Catherine- W: Gol&nan,'of counsel to Old Board.
DECISION
AND,
DIRECTION OF ELECTION
STATEMENT OF THE• CASE'
Upon a petition. duly, filed, by. Amalgamated, Clothing Workers, of
America,, C. I. 0., herein called, the: Union, alleging that a, question
affecting commerce. had arisen concerning the representation, of em=
ployees of Goodall Company,. Knoxville,, Tennessee,, herein: called.,
the Company, the National Labor Relations Board provided for an
appropriate hearing uponi due'. notice' before Mortimer H. Freeman,
Trial Examiner. Said hearing was held at Knoxville, Tennessee, on
April IT, 1944. The Company and the Union appeared' arid partici-
pated. All parties' were afforded' full` opportunity- to be heard, to
examine-.and'cross-examine witnesses, and'to introduce eviderice bear-
ing on- the, issues: The Trial' Examiner's rulings made at the' liear-
ing 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
L THE .BUSINESS' OF THE' COMPANY
Goodall Company, a Maine corporation maintaining its principal
office' at Cincinnati; Ohio, is engaged' in the' manufacture of men's
clothing. It has plants located in. Cincinnati, Ohio; Danville, Ken-
56 N. L. R B, No., 90
587784-45-vol 56-31 465
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tucky; Roanoke, Alabama;" Sanford, Maine; and Knoxville, Ten-
nessee. Only the Knoxville- operations are involved in this proceed-
ing. Practically all the raw materials used at Knoxville are pur-
chased outside the Stafe'of Tennessee. About $3,000,000 worth of
finished, products is" sold outside, the. State of - Tennessee. Approxi-
mately 15 percent of the Company's,Knoxville production is for the
United States Army.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II: ,THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America, affiliated with the
Congress. of Industrial Organizations, is a labor organization
admitting to membership employees of the Company. .
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified, by the Board in an appropriate unit. '
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the,tinit hereinafter found" appropriate.i
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. '
r IV. ME APPROPRIATE UNIT
The Union requests a unit covering production and maintenance
employees of the Company's Baxter Avenue'plant, including inspec-
tors and watchmen,2 but excluding clerical employees, foremen, fore-
ladiies, and supervisors. The Company contends, however, that the
unit should also include employees of its^Gill Avenue plant.
Within the city limits of Knoxville the Company maintains two•
plants. Since about 1933, it has operated its main plant at Baxter
Avenue. ' In July 1943, it leased additional space at Gill Avenue, ap-
proximately 2 miles away, because it was,no*t able to accommodate all'
its functions in the one plant. At present, sewing operations are'
carried on at Baxter, and cutting operations, 'at Gill. All the coats
1 The Field Examiner reported that the Union submitted 445 application cards, tliat there
are 945 employees in the unit requested ; and the cards were dated between September
1943 and March 1944
2 The Company eniploys'one guard at its Baxter Avenue plant, but he is classified as a
watchman, and it appears that he is neither armed nor militarized
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GOODALL COMPANY 467
and 60 percent of the pants cut at Gill • are furnished to the Baxter
sewing rooms. The superintendent of the, Baxter , coat department is
also superintendent of the Gill'pla it. I Pay rolls for both the plants
.are made up at Baxter. Employees at the two plants have comparable
wages and working conditions, and there is some interchange of em-
ployees between the two. Under these circumstances, we are of the
,opinion that the employees at Baxter and Gill could best function as,
a single bargaining unit. -
We find that all production and maintenance employees at the Com-
pany's'Baxter and Gill Avenue plants,.including inspectors and watch-
men, but excluding clerical employees, chief inspectors,3 foremen, fore-
ladies, and all other- supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise.effect changes in the, status
of employees, or effectively recommend such, action, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
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
Direction. '
DIRECTION OF ELECTION
By virtue of and pursuant to 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, it is hereby
DIRECTED that, as part of the investigation to` ascertain represents;
fives for the purposes of collective bargaining with Goodall Company,
Knoxville, Tennessee, 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 supervision of the Regional
Director for the Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject 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 who did not work during said pay-roll
8 The record indicates that chief inspectors are supervisory employees.
468 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
period because they were ill or on vacation 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 em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether or; not they desire to be represented` by Amalgam-
ated Clothing Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
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