Hat Corp. of America

National Labor Relations Board - Board Decisions

Feb 11, 1946

65 N.L.R.B. 975 (N.L.R.B. 1946)

In the Matter Of HAT CORPORATION OF AMERICA and OFFICE EMPLOYEES
INTERNATIONAL UNION, AFL, LOCAL 90
Case No. 2-B-5879.-Decided February 11, 1946
McLanahan, Memitt and Ingraham, by Mr. Richard S. Buell, of
New York City, for the Company.
Mr. James B. Rice, of Stamford, Conn., for the Union.
Mr. S. Roy Remar, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Office Employees International Union,
AFL, Local 90, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Hat Corporation of America, South Norwalk, Connecticut,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Richard J.
Hickey, Trial Examiner. The hearing was held at South Norwalk,
Connecticut, on" November 5, 1945. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to in-
troduce 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
I. THE BUSINESS OF THE COMPANY
The Company is a Delaware corporation, having its principal office
and place of business in South Norwalk, Connecticut, where it operates
three plants. It is engaged in the manufacture, sale, and distribution
of hats for men and women. In addition, it has offices, plants, and
65 N. L. R. B., No. 172
679100-46-vol 65-63 975
976 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
retail stores in New York City. During the period from October 1,
1944, to September 30, 1945, the Company, in its operations at South
Norwalk, Connecticut, used raw materials valued at in excess of
$1,000,000, and manufactured products valued at in excess of
$5,000,000. Approximately 90 percent of the raw materials was ob-
tained from sources outside the State of Connecticut, and, approxi-
mately 90 percent of the finished products was shipped to points
outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
Office Employees International Union, Local 90, is a labor organ-
ization affiliated with the American Federation of Labor, 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 clerical employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.,
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
The Union requests a unit comprised of all office and clerical em-
ployees, including accountants, senior clerks, junior clerks, secretaries,
senior stenographers, junior stenographers, senior typists, junior
typists, office machine operators, and telephone operator, who are
employed in plants 1 and 2 of the Company located in Norwalk, Con-
necticut, excluding factory clerks, stock clerks, shipping clerks, time-
keepers, time-study men, part-time and temporary employees, super-
visors, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in 'the status of em-
ployees, or effectively recommend such action. While the Company
agrees with the Union as to the specific composition of the unit, it
contends that the clerical employees at its New York City office should
be included in the same unit. The Union, on the other hand, states
1 The Field Examiner reported that there were 127 employees in the unit sought by
the Union and that the Union submitted 40 application cards.
HAT CORPORATION OF AMERICA 977
that its jurisdiction is limited to the area extending from Greenwich,
Connecticut, to but not including Bridgeport, Connecticut, and that it
has made no attempt to organize employees in the New York City
office.
The Company's main offices are located in plants 1 and 2 in South
Norwalk, Connecticut, and, in addition, it maintains an office in New
York City. There is no interchange of clerical employees between
the South Norwalk and New York offices. However, there is an inter-
change of clerical employees between plants 1 and 2 located in South
Norwalk, which are approximately 100 yards distant. In view of the
Union's lack of jurisdiction over employees outside the area extending
,from Greenwich, Connecticut, to but not including Bridgeport, Con-
necticut, and the limited scope of its organization, and because the
office and clerical employees of the Company at its South Norwalk
offices constitute a distinct group independent of the employees at
the New York office, we shall restrict the unit to the office and clerical
employees at South Norwalk.
We find that all office and clerical employees of the Company at its
offices in plants 1 and 2 in South Norwalk, Connecticut, including
accountants, senior clerks, junior clerks, secretaries, senior stenog-
raphers, junior stenographers, senior typists, junior typists, office
machine operators, and telephone operator, excluding factory clerks,
stock clerks, shipping clerks, timekeepers, time-study men, part-time
and temporary employees, supervisors, and all other supervisory'em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the, status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive 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 Elec-
tion 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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Hat Corporation
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of America, South Norwalk, 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 super-
vision of the Regional Director for the Second 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 the said pay-roll period because they were ill or on vaca-
tion 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 employees who have since quit or been dis-
charged 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 rep-
resented by Office Employees International Union, AFL, Local 90,
for the purposes of collective bargaining.