Gross Galesburg Co.

National Labor Relations Board - Board Decisions

May 2, 1944

56 N.L.R.B. 198 (N.L.R.B. 1944)

In the Matter Of GROSS GALESBURG COMPANY .'and >AMALGAMATED.
CLOTHING WORKERS OF-AMERICA, C. I. O.
Case No. 13-R-2.84.Decided May 2,1944
Messrs. Richard G. Neagle and Joseph E. West, of Galesburg, Ill.,
for the Company.
Messrs. E: D. Schultheis and Vernon Dale, of Muscatine Iowa, for
the C. I.O.
Mr. A. G. Goldberg, of Milwaukee, Wis., for the A. ;F. of L.
Mr. William'Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon 'a petition duly filed by Amalgamated Clothing Workers of
America, herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Gross Galesburg Company, Galesburg, Illinois, herein called the Com-
pany, the National Labor Relations Board, provided for an appro-
priate hearing - upon due notice before Leon A. Rosell, Trial
Examiner. Said hearing was held at Galesburg, Illinois, on March
15, 1944. At the commencement of the hearing, the Trial Examiner
granted the motion of United Garment Workers of America, Local
243, A. F. of L., herein called the A. F. of L., to intervene. '-The Com-
pany, the C. I'. O., 'and the A. F. of L. appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to 'introduce evidence bearing on the
issues. The Trial Examiner's` rulings made at the' hearing 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
1. THE BUSINESS OF THE COMPANY
The Company, an Illinois corporation , is engaged at its factory in
Galesburg, Illinois, in the manufacture and distribution of work 'and
56 N. L. It. B., No. 40. -
1 Ill198 -
GROSS GALESBURG COMPANY 199
utility clothing. During 1943, substantially all raw materials, con-
sisting of cloth, canvas, buttons, buckles, and trimmings, valued at
more than $75,000, were secured from sources outside the State., Dur-
ing the same, period,_the gross sales of the Company's manufactured
products amounted to more than $100,000, approximately 75 percent
of which was sold and shipped to customers outside the State.
The Company admits that,it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.
United Garment Workers of America, Local 243, affiliated with the
American Federation of Labor, 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 C. I. O. as
the exclusive bargaining representative of its employees until the
C. I. O. has been certified by the Board in an appropriate unit.
The A. F. of L. contends that its prior certification by the Board in
October 19391 is a bar to a present determination of representatives by
virtue of the fact, that it had never' enjoyed the rights .accruing from
such certification: There is no merit in this contention. , The record
shows that from November 1939,to January 1944 the A. F. of L. and
the Company engaged, without success, in numerous conferences in
an effort to arrive at mutually acceptable terms: The State and Federal
Departments of Labor and the War Labor Board ' extended their
services during this period without succeeding in arriving at an agree-
ment.' Counsel for the A. F. of L. admitted 'at the present hearing that
in the foregoing 4 years there had never been a meeting of minds be-
tween the parties; and it is not contended that any unfair labor prac-
tice on the part of the Company prevented it. Inasmuch as more than
4 years have elapsed since the Board's certification of the A. F. of L.,
we hold that it does not constitute' a bar to the present-investigation z
'The A. F. of L. also contends that its contract, executed with the
Company in May 1937 and extended orally in January, and by memo-
randum in October 1938, is a bar to a present determination of repre-,
sentatives. The same contention was made before us in the proceed-
ing which led to the certification of the A. F. of L. in 1939. In that
case 9 we found that these contracts were not a bar. 'We again so find.
1 See Matter of Gross, Galesburg, 16 N. L. R. B. 566.
2 See Matter of Baltimore Insular Ltnes, Inc, 27 N. L. R. B. 426
2 See Matter of Gross Galesburg Co., 15 N L R. B. 716.
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.- • The A. F. of L.
has an interest in the proceeding by virtue of its prior certification.
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.
IV. THE APPROPRIATE UNIT'
All parties agree that the appropriate unit is the same as that which
has been found by the Board to be appropriate in the 1939 proceeding.5
The record shows that,' except for the fact that fewer employees are
now employed, all conditions have remained- the same.
We, therefore, find, in accordance with our prior determination, that
all production and maintenance employees, including the porter and
the machinists, but excluding foreladies, superintendents, office em
ployees, salesmen, watchmen, the head machinists, and all supervi=
sory 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 DETERMIN ATION OF REPRESENTATIVES
1
We find that the question which has arisen concerning representa-
tion can best be resolved by an election by,secret ballot. A problem
arises, however, as to the persons who shall be eligible to vote.
The A. F. of L. was certified by the-Board in October 1939 and com-
menced negotiations with the Company for a contract. In an effort
to secure acceptance of its proposed terms,' the A. F. of L., on Feb-
ruary 2, 1942, called a strike. Thereafter, active picketing was con-
ducted in front of the Company's plant until April 1943. From that
date to January 3, 1944, the A. F. of L. each day parked an automo-
bile with a picketing sign on it in front of the plant from 7 a. in. to 5
p. in. In an effort to settle the dispute the Federal Conciliation Serv-
ice was called in, but to no avail; the dispute was then referred to the
War Labor Board. The War Labor= Board agreedto take jurisdic-
tion of the dispute on the condition that 'the strike be terminated.
The A. F. of L. thereupon held a meeting on December 27, 1943, and
' The Field Examiner reported that the C I 0 submitted 103 cards beating apparently
genuine original signatures ; that the names of 90 persons appearing on the cards were
listed on the Company 's pay roll of January 28, 1944 , which contained the names of 111
employees in the appropriate unit ; and that the cards were all dated in January 1944.
5 Matter of Gross Galesburg Go , 15 N . L' R B. 716.
GROSS GALESBURG COMPANY 201
voted to terminate the strike. The automobile bearing the picketing
sign was removed 'on January 3, 1944. The vote terminating the strike
was, according to the A. F. of L. president, conditioned on a settle-
ment' of the differences between it and the Company. As of the date
of the' hearing, the War Labor Board had not effected a settlement.
The A. F. of,-L. contends that the labor dispute is still current and
that 79 employees have not returned to work and will not return until
a settlement favorable to the A. F. of L. is effected; it also contends
that these employees are entitled to vote in any election the Board may
direct. It further contends that the employees hired by the Com-
pany to replace the strikers should not be allowed to' vote.
The C. I. 0. contends that on January 20, 1944, when it'raised the
question concerning representation, there was no current labor dis-
pute because the strike had been terminated; that since the strike was
not due to any unfair labor practice on the part of the Company, it
was incumbent on the employees Who had struck to request reinstate-
ment; and that having failed to request reinstatement when the strike
was terminated, they were no longer strikers or employees and hence
not entitled to vote.
The Company contends that only those employees on it's pay roll
immediately prior to the Direction of Election should be' allowed to
vote, but indicates that in the event this procedure is not followed, only
those strikers who have not obtained employment elsewhere and who
are available to return to work should be allowed to vote. '
It is clear, and we find, that the strikers ceased work as a result,
of a labor dispute 'which is still current. It follows, therefore, that,
in accordance with our established practice,° both the strikers who
have not abandoned the strike and the replacement employees are en-
titled to vote. The record shows that some of the strikers have moved
away from Galesburg or its vicinity, and that others have obtained
employment elsewhere. While ordinarily such factors are not con-
clusive of an abandonment of the strike, we find that, in the circum-
stances of this case and particularly,in view of the long history of
fruitless negotiations between the A. F. of L. and the Company, such
strikers have abandoned the strike, have no present interest in the -
,election of a bargaining agent, and hence are not entitled to vote.
We shall direct that, the question concerning representation which
has arisen be resolved by an election by secret ballot subject to the limi-
tations and additions set forth in the Direction among the following _
employees in the appropriate unit : '
1. Those who were employed during the pay,-roll period immedi-
ately preceding the date of the Direction of Election herein; and
6 Matter o f Rudolph Wurlitzer Company, 32 N. 'L R. B. 163; Matter of Ideal Seating Com-
pany, 36 N. L. R. B. 166.
,202 DECISIONS OF NATIONAL LABOR' RELATIONS BOARD
2. Those employees who were, employed during the pay-roll period,
immediately preceding the strike on February 2, 1942, and whose work
ceased as a consequence of or in connection with said strike, but ex-
cluding those who have either moved away' from Galesburg or its vi-
cinity, or have obtained-,employment elsewhere, or have returned to
work for the Company prior to December' 27, 1943, and thereafter
voluntarily ` quititheir employment or were discharged for, cause.
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 Rela-
tions Board Rules,and Regulations-Series 3,'it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gross Galesburg
Company, Galesburg, Illinois, 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- Thirteenth Region, acting in this matter as
agent for the National tabor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the fol-
lowing employees in the unit found, appropriate in Section IV, above,
including employees in the armed forces of the United States who pre-
sent themselves at the polls : I ,
1. Those employees of the Company„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` ex-
cluding 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 l
2., Those employees who were employed during the pay-roll period
immediately preceding the strike on February 2, 1942, and whose work
ceased as a consequence of or in connection with said strike, but ex-
cluding those who have moved away from Galesburg or its vicinity, or
have obtained employment elsewhere, or have returned to work for
the Company prior to December 27, 1943, and later voluntarily quit
their employment or were discharged for cause, to determine whether
they desire to be represented by Amalgamated Clothing Workers of
America, C. I. 0., or by United Garment Workers of America, Local
243, A. F. of L., for the purposes of collective bargaining, or by neither.