H. McLachlan & Co., Inc.

National Labor Relations Board - Board Decisions

Jun 13, 1941

32 N.L.R.B. 639 (N.L.R.B. 1941)

In the 'Matter of H. McLACHLAN &-Co., INC. and UNITED HATTERS,
CAP & MILLINERY WORKERS INTERNATIONAL UNION5 HAT MAKERS'
LOCAL ,10, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-2584.-Decided June 13, 1941
Jurisdiction : hat manufacturing industry.
Investigation and Certification of Representatives : existence of question:
parties stipulated that the Company refused to accord the union recognition
until it is certified by the Board ; election necessary. -
Unit Appropriate for Collective Bargaining : production employees including
shippers, but excluding executives, foremen, assistant foremen, supervisory
employees, clerical workers, maintenance employees, machinists , watchmen,
firemen, and chauffeurs.
Proskauer, Rose c0 Paskus, by Mr. Burton A. Zorn, of New York
City, for the Company. ' -
-Mr. Elias Lieberman, of New York City, for the Union.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 8; 1941, United Hatters, Cap &Millinery Workers Inter-
national Union, Hat Makers' Local 10, affiliated with the American
Federation of Labor, herein called the Union, filed with the Regional
Director for the Second Region (New York City), a petition al-
leging that it question affecting commerce had arisen concerning the
representation of -employees of H.'Me'Lachlan & Co., Inc., Danbury,
Connecticut, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the-National Labor Relations Act;; 49 Stat..449, herein called the
Act. ' On- May 9, 1941, 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 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
32 N. L. 'R. B., No. 118. 1 - -
F 639',
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 14, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on May 22, 1941; at New York
City, before Mark•Lauter, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company and the Union were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard, to examine and 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
H. McLachlan & Co., Inc., is a Connecticut corporation with its
principal office and plant, herein involved, at Danbury, Connecticut.
It is engaged in the manufacture of men's and ladies' hats in rough.
The principal materials used by the Company in the manufacture of
its products are fur, dyes, and shellac.
During the 6-month period from November 1, 1940, to April 30,
1941, the Company purchased from places outside the State of Con-
necticut materials approximating $280,000 in value and constituting
approximately 44 per cent of its total purchases of materials for use
at its Danbury plant. During the,.same period the Company sold
and shipped, to places outside the State of Connecticut approximately
96, per.cent of its total products; approximating in value $900,000.
The Company concedes that it,is engaged in interstate commerce at
its Danbury, Connecticut, plant, within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Hatters, Cap & Millinery' Workers International Union,
Hat Makers' Local 10, is a labor, organization affiliated with the
American. Federation of Labor. It admits to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing, the parties stipulated that the Union had re-
quested the Company to bargain collectively and that the Company
had refused to do so unless and until the Union is certified as the
collective bargaining agent in an appropriate unit.
Ii. McLACHLAN & CO., INC. 641
There was adduced in evidence a statement of the Regional Di-
rector showing substantial designations of the Union
We find that a question has arisen concerning the 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
relation 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
The Union contends that the appropriate unit should consist of
all production employees, including shippers, but excluding execu-
tives, foremen, assistant foremen, supervisory employees, clerical
workers, maintenance employees, machinists, watchmen, firemen, and
chauffeurs. The Company contends that machinists, watchmen, fire-
men, and chauffeurs have interests in common with all the other' em-
ployees and should be included in the unit.
The production employees perform the actual manufacturing op-
erations from the mixing and blowing of felt through the forming,
coning, and hardening operations to the final operation of brushing
the product, from which point the hats are delivered to the shipping
department for shipment. The maintenance employees, among whom
apparently are included machinists, are engaged in repairing ma-
chines, replacing light bulbs and fuses, and in general repair work
throughout the plant; the watchmen are engaged in preventing theft
and fire; and the firemen are engaged in tending boilers; and chauf-
feurs in driving. Maintenance employees, machinists, watchmen,
firemen, and chauffeurs are ineligible to membership in the Union.
It appears that the exclusion of these employees is customary in the
Unions' contracts with similar employers. Under the circumstances, ,
we are of the opinion that these employees should be excluded from
the unit.
We find that all production employees, including shippers, but ex-
cliuding executives, foremen, assistant foremen, supervisory employees,
I The statement of the Regional Director indicates that on the Company's April 5, 1941,
pay roll ,there were 201 employees within the alleged appropriate unit. In support of its
claim to represent a substantial number of employees, the Union submitted to the Regional
Director 201 application and authorization cards bearing the apparently genuine original
signatures of persons whose names were on the Company 's April 5 , 1941, pay roll. The
cards were dated' between ranuary 1 and April 15, 1941.
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical workers, maintenance employees, machinists, watchmen, fire-
men, and chauffeurs, constitute a unit appropriate for the purposes
of collective bargaining and that said unit will insure to the em-
ployees of the Company the full benefit of their right to self-organi-
zation and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by, and we shall accordingly direct, an election by secret
ballot among all employees in the. appropriate unit whose names
appear on the Company's pay roll of March 28, 1941,2 subject to such
limitations and additions as are set forth in the Direction.
On 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 repre-
sentation of employees of H. McLachlan & Co., Inc., Danbury,
Connecticut; within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production employees' of the Company, including shippers,
but excluding executives, foremen, assistant foremen, supervisory
employees, clerical workers, maintenance employees, machinists,
watchmen, firemen, and chauffeurs, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with H. McLachlan & Co., Inc.,' Danbury, Connecticut, 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 Second
Region, acting in this matter as agent for the National Labor Re-
lations Board and subject to Article III, Section 9, of said Rules
2 The parties agreed that the Company 's pay roll of March 28 , 1941, should be used to
determine eligibility to participate in the election:
H. McLAC'HLAN & CO., INC. -643
and Regulations, among all production employees of the Company,
including shippers , whose names appear on the Company's March 28,
1941, pay roll , including employees who did not work during said
pay-roll period because they were ill or on vacation or_ in the active
military service or training of the United States or temporarily laid
off, but excluding executives , foremen, assistant foremen, supervisory
employees , clerical workers, maintenance employees , machinists,
watchmen , firemen, and chauffeurs , and all persons who have on or
since March , 28, 1941, quit or been discharged for cause , to determine
whether or not they desire to be represented by United Hatters,
Cap & Millinery Workers International Union , Hat Makers' Local
10, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining.
448692-42=vo1 32-42