Hirsch Shirt Corporation

National Labor Relations Board - Board Decisions

Apr 28, 1939

12 N.L.R.B. 553 (N.L.R.B. 1939)

In the Matter of HIRSCH SHIRT CORPORATION and UNITED GARMENT
WORKERS OF AMERICA (AFFILIATED WITH THE A. F. OF L.)
In the Matter Of HIRSCH SHIRT CORPORATION and AMALGAMATED
CLOTHING WORKERS OF AMERICA
Cases Nos. R-1113 and C-1182, respectively. Decided April 28, 1939
Shirt Manufacturing Industry-Interference, Restraint, and Coercion-Set-
tlement : stipulation providing for cessation of unfair labor practices -Pro-
Posed Findings-Interference , Restraint, and Coercion : anti-union activities of
supervisory employees-Order : entered on stipulation and Proposed Findings-
Investigation of Representatives : controversy concerning representation of em-
ployees: rival organizations ; closed-shop contract executed with knowledge
of petition pending before Board no bar to investigation -Unit Appropriate
for Collective Bargaining : production employees , excluding supervisory, office
and maintenance employees , floorladies , porters, and machinists-Election
Ordered: time to be set in future when effects of unfair labor practices have
been dissipated.
Mr. Hyman A. Schulson, for the Board.
Mr. Harry Okin and Mr. Henry J. Schintz, of Chicago, Ill., for the
respondent.
Mr. Leon M. Despres and Mr. Sydney L. Devin, of Chicago, Ill., for
the Amalgamated.
Mr. Joseph J. Berzin, of Chicago, Ill., for the United.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
ORDER
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 13, 1938, United Garment Workers of America,
herein called the United, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Hirsch Shirt Corporation, Hammond, Indiana, herein
called the respondent, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
12 N. L. R. B., No. 66.
553
554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Act, 49 Stat. 449, herein called the Act. On October
3, 1938, 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 October 13, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the respondent, the
United, and Amalgamated Clothing Workers of America, herein
called the Amalgamated, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on October 20, 21, and 24, 1938, at Chicago, Illi-
nois, and on October 26 and 27, 1938, at Hammond, Indiana, before
Edward G. Smith, the Trial Examiner duly designated by the Board.
The Board, the respondent, the United, and the Amalgamated were
represented by counsel and participated in the hearing. Full oppor-
tunity 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. The Amalgamated filed briefs which the Board has
considered.
Upon charges and amended charges duly filed by the Amalga-
mated, the Board, by the Regional Director for the Thirteenth Re-
gion, issued its complaint dated December 27, 1938, against the re-
spondent alleging that the respondent had engaged in and was en-
gaging in unfair labor practices affecting commerce, within the mean-
ing of Section 8 (1) and Section 2 (6) and (7) of the Act. The
complaint and notice of hearing were duly served upon the respond-
ent, the Amalgamated, and the United.
The complaint alleged, in substance, that the respondent, from
about August 15 to September 15, 1938, urged its employees to re-
frain from joining or retaining membership in the Amalgamated,
advised and warned its employees to join the United, threatened its
employees with loss of employment and lay-offs and the closing of its
plant should its employees fail to join the United, and circulated in
its plant during working hours petitions and membership applica-
tion cards in behalf of the United. The respondent filed an answer
on January 6, 1939, denying that it had engaged in the alleged un-
fair labor practices.
HIRSCH SHIRT CORPORATION 555
Pursuant to notice, a hearing was held on J anuary 12, 1939, at
Hammond, Indiana, before J. J. Fitzpatrick, the Trial Examiner
duly designated by the Board. The Board, the respondent, the
Amalgamated, and the United were represented by counsel and par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was afforded all parties., On January 12, 1939, during the
hearing, the following stipulation was signed by the respondent, thei
Amalgamated, and counsel for the Board, and introduced into evi-
dence:
STIPULATION AND AGREEMENT
IT IS HEREBY STIPULATED AND AGREED by and between Hirsch
Shirt Corporation, hereinafter called the Respondent, Amal-
gamated Clothing Workers of America, affiliated with the Con-
gress of Industrial Organizations, hereinafter called the Amal-
gamated, and Hyman A. Schulson Attorney for the National
Labor Relations Board, that the testimony heretofore given by
Bertille McWilliams, Margaret Price, Minna Bussema, Josephine
Plumpowski, Peggy Jaranowski, Kate Evans, Anna Evansin
and Alice Kelly, and received in evidence in the proceeding
entitled "In the Matter of Hirsch Shirt Corporation and United
Garment Workers of America, affiliated with the American
Federation of Labor, Case No. R-1113," shall be considered the
testimony in this matter, and shall have the same force and effect
as though said witnesses had appeared and testified under oath
in this matter, and that Amalgamated's Exhibit No. 3, and
Petitioner's Exhibit No. 2, offered and received in evidence, and
all other Exhibits referred to by the aforementioned witnesses
"In the Matter of Hirsch Shirt Corporation and United Garment
Workers of America, affiliated with the American Federation of
Labor, Case No. R-1113," shall be considered Exhibits in the
instant matter as if offered and received in evidence in the instant
matter, provided, however, that the Respondent, the Amalga-
mated, United Garment Workers of America, affiliated with the
American Federation of Labor, and the National Labor Rela-
tions Board may cross-examine said witnesses who testified in "In
the Matter of Hirsch Shirt Corporation and United Garment
Workers of America, affiliated with the American Federation of
Labor, Case No. R-1113," and may offer any additional evidence
with reference to any of the matters which are relative to the
issues in this proceeding.
i The United did not offer any evidence at the hearing although afforded full opportunity
to do so. According to the stipulation , hereinafter discussed, the Amalgamated and the
respondent waived the taking of further testimony or evidence before the Trial Examiner.
556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On the same day the respondent, the Amalgamated, and counsel
for the Board entered into another stipulation in settlement of the
case. This stipulation, which was likewise introduced in evidence,
provides as follows :
STIPULATION AND AGREEMENT
IT IS HEREBY STIPULATED AND AGREED by and between Hirsch
Shirt Corporation, hereinafter called the Respondent, Amalga-
mated Clothing Workers of America, affiliated with the Congress
of Industrial Organizations, hereinafter called the Amalga-
mated, and I. S. Dorfman and Hyman A. Schulson, Attorneys
for the National Labor Relations Board, that,
I. Upon charges duly filed by the Amalgamated, the National
Labor Relations Board, hereinafter called the Board, by Leonard
C. Bajork, Regional Director for the Thirteenth Region, (Chi-
cago, Illinois) issued its Complaint and Notice of Hearing there-
on dated December 27, 1938, against the Respondent, alleging
that the Respondent had engaged in and was engaging in unfair
labor practices within the meaning of Section 8 (1) and Section
2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449,
hereinafter called the Act. On December 28, 1938, a copy of the
Complaint and Notice of Hearing thereon were duly served
upon the Respondent, the Amalgamated, and the United Gar-
ment Workers of America, affiliated with the American Federa-
tion of Labor, hereinafter called the United. On January 3,
1939, the Respondent filed its answer to the Complaint admitting
its corporate existence, that it is engaged in interstate commerce
within the meaning of the Act, and that the Amalgamated and
the United are labor organizations within the meaning of Sec-
tion 2 (5) of the Act, but generally denying all other material
allegations of the Complaint.
II. The Respondent is, and has been since June 17, 1927, a cor-
poration organized under and existing by virtue of the laws of
the State of Illinois, having its principal executive offices in the
Merchandise Mart Building, Room 865, City of Chicago, County
of Cook, State of Illinois, and sales offices in Chicago, Illinois,
Los Angeles, California, New York, New York. The Respond-
ent owns and operates a plant in the City of Hammond, County
of Lake, State of Indiana, hereinafter called the Plant, where
it is now, and, at all times mentioned in the Complaint, has been
engaged in the manufacture, sale, and distribution of men's
shirts. The Respondent employs ten salesmen in addition to
members of the firm who solicit orders throughout the several
States of the United States. The Respondent advertises its
HIRSCH SHIRT CORPORATION 557
men's shirts throughout the several States of the United States,
chiefly through cooperative advertising with retail merchants.
The Respondent's chief transportation facilities for the moving
of goods to and from the plant are private and railroad delivery
trucks.
In the course and conduct of its business, and in the operation
of the plant, the Respondent causes, and has continuously caused,
large quantities of materials used in the manufacture of shirts,
to be purchased and transported in interstate commerce, and
particularly during the period from January 1, 1938 to Oc-
tober 1, 1938, caused to be purchased and transported from
States of the United States other than the State of Indiana to
the plant all its materials consisting of buttons, coal, cotton,
labels, linings, piece goods, thread, and other materials, costing
it in the aggregate of approximately $256,05413. The Re-
spondent causes, and has continuously caused, large quantities
of the men's shirts manufactured at the plant to be sold and
transported in interstate commerce, and particularly during the
period from January 1, 1938 to October 1, 1938, caused to be sold
and transported from the plant in the State of Indiana, to, into,
and through States of the United States, other than the State
of Indiana, men's shirts of approximate production cost of $472,-
658.42, being approximately ninety two (92%) per cent of all
men's shirts sold and transported by the Respondent.
The parties to this stipulation hereby agree that the above
described operations affect commerce within the meaning of
Section 2 (6) and (7) of the Act.
III. The Amalgamated and the United are labor organiza-
tions within the meaning of Section 2 (5) of the Act.
IV. The Respondent and the Amalgamated hereby waive the
right to hearing, the taking of further testimony or evidence
before the Trial Examiner in the instant matter, and the making
of findings of facts and conclusions of law by the Board pursuant
to the provisions of the Act.
V. It is further stipulated by and between the parties to this
stipulation that upon the entire record "In the Matter of Hirsch
Shirt Corporation and United Garment Workers of America, affil-
iated with the American Federation of Labor, Case No. R-1113,
and particularly pages 417, 422, 432, 442, 444, etc. ; 466 etc. ;
451, 454, 461, 462, and the record herein, and upon this stipula-
tion, if approved by the Board, the Board may enter the order
set forth below, and upon application by the Board, without
further notice to the Respondent and the Amalgamated, the
United States Circuit Court of Appeals for the Seventh Circuit
558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
may enter a decree enforcing the order of the Board providing
as follows :
1. The Respondent, Hirsch Shirt Corporation, its officers,
agents , successors , and assigns , shall cease and desist from :
(a) In any manner discouraging membership in Amalga-
mated Clothing Workers of America, affiliated with the Con-
gress of Industrial Organization , or any other labor organization
of its employees, or encouraging membership in United Garment
Workers of America, affiliated with the American Federation of
Labor, or any other labor organization of its employees.
(b) Advising, urging, and warning its employees to refrain
from joining and/or retaining membership in the Amalgamated
Clothing Workers of America, affiliated with the Congress of
Industrial Organization , or any other labor organization of its
employees; or advising, urging, and warning its employees to
join the United Garment Workers of America, affiliated with
the American Federation of Labor, or any other labor organiza-
tion of its employees; or threatening its employees with loss of
employment and lay-off and the closing of the plant should its
employees fail to join the United Garment Workers of America,
affiliated with the American Federation of Labor, or any other
labor organization of its employees ; or circulating in the plant,
during working hours, petitions and membership application
cards in behalf of United Garment Workers of America, affili-
ated with the American Federation of Labor, or any other labor
organization of its employees ; or intimidating its employees re-
garding their union affiliation.
(c) In any other manner interfering with, restraining or co-
ercing its employees in the exercise of their right to self-organi-
zation , to form, join or assist labor organizations , to bargain
collectively through representatives of their own choosing, and
to engage in concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection as guaranteed in Sec-
tion 7 of the National Labor Relations Act.
2. Take the following affirmative action which the Board finds
will effectuate the policies of the Act :
(a) Post and keep visible in prominent places in the office and
in each department of the Respondent's plant, and in the prin-
cipal executive office of the Respondent , for a period of sixty
(60) days after receipt and date of posting, copies of the decision
and order entered by the National Labor Relations Board, and
a notice stating that the Respondent will cease and desist in the
manner aforesaid and will take the affirmative action set forth
herein.
HIRSCH SHIRT CORPORATION 559
(b) Notify the Regional Director for the Thirteenth Region,
in writing, of compliance with this order, within sixty (60) days
from the date of its entry by the Board.
It is further stipulated and agreed that this stipulation is
subject to the approval 'of the National Labor Relations Board.
This stipulation, together with, the charge, the complaint,
notice of hearing thereon, National Labor Relations Board Rules
and Regulations, Series 1, as amended, affidavits of service,
and answer of the Respondent, may be introduced in evidence
in the above entitled proceeding by filing them with the Trial
Examiner of the Board designated by said Board to conduct a
hearing herein.
On January 30, 1939, the Board issued its order approving the
above stipulations and making them a part of the record in this
proceeding. On the same day, the Board, acting pursuant to Article
II, Section 37, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered the proceedings in the case
transferred to and continued before the Board. Acting pursuant
to Article II, Section 38, of said Rules and Regulations, the Board
further directed that no Intermediate Report be issued, that Pro-
posed Findings of Fact, Proposed Conclusions of Law, and Proposed
Order be issued, and that the parties herein should have the right
within ten (10) days from the receipt of the Proposed Findings
of Fact, Proposed Conclusions of Law, and Proposed Order, to file
exceptions, to request oral argument before the Board, and to request
permission to file a brief before the Board. The Board also ordered
that the representation case and the case involving charges filed by
the Amalgamated be consolidated for all purposes.2 Copies of the
above orders were duly served on all the parties.
On March 20, 1939, the Board issued and duly served upon all the
parties Proposed Findings of Fact, Proposed Conclusions of Law,
and Proposed Order. The parties filed no exceptions, nor did they
request oral argument before the Board or permission to file briefs.
Upon the entire record in the two cases, the Board makes the
following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENT
The respondent, an Illinois corporation, with its principal offices in
Chicago, Illinois, owns and operates a factory in Hammond, Indiana,
where it is engaged in the production, sale, and distribution of men's
shirts. During the period between January 1 and October 1, 1938,
2 The Amalgamated , on October 17, 1938, filed a petition for consolidation.
560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the respondent obtained all its raw materials, valued at $256,054.13,
from points outside the State of Indiana. During the same period
the respondent shipped outside the State of Indiana approximately 92
per cent of its finished products.
II. THE ORGANIZATIONS INVOLVED
The Amalgamated is a labor organization affiliated with the Con-
gress of Industrial Organizations. It admits to membership all
production employees of the respondent, excluding supervisory
employees.
The United is a labor organization affiliated with the American
Federation of Labor. It admits to membership all production em-
ployees of the respondent, excluding porters and machinists.
III. THE UNFAIR LABOR PRACTICES
The Amalgamated and the United were both engaged in organiza-
tional activities in August and September 1938, the period during
which the unfair labor practices are alleged to have occurred. Each
of these labor organizations, claiming a majority representation
among the respondent's employees, sought to negotiate with the re-
spondent as the exclusive bargaining agency of the respondent's
employees. On September 12, 1938, the Amalgamated called a strike
in protest against the respondent's refusal to grant it recognition and
the respondent's alleged support of the United. The strike, which
succeeded almost entirely in shutting down the plant, was terminated
on September 20, 1938, when the respondent and the Amalgamated
entered into a closed-shop contract.
The evidence shows that during August and September the respond-
ent, through its supervisory employees, attempted to encourage mem-
bership in the United and to discourage its employees from member-
ship in the Amalgamated. This activity was carried on principally
by Theresa Kekelik, Cleda Brady, and Jessie Smith. Although the
United claims that they are not supervisory employees, the evidence
shows that these employees distribute work, give instructions, and
otherwise carry out the orders of the plant superintendent. An or-
ganizer for the Amalgamated testified that "Mr. Hector, the superin-
tendent, has told me that they are supervisors and they are known
to the workers in the shop as supervisors or floorladies . . ." On the
respondent's pay roll which was introduced into evidence, the afore-
named employees are classified as supervisors. We find that Cleda
Brady, Theresa Kekelik, and Jessie Smith are supervisory employees
for whose activities the respondent is responsible.8
3 See Matter of T. W. Hepler and International Ladies' Garment Workers Union,
7 N. L. R . B. 255.
HIRSCH SHIRT CORPORATION 561
According to Bertille McWilliams, an employee of the respondent,
Kekelik, Brady, and Smith told the girls to sign the petitions of the
United which were being circulated in the shop. McWilliams further
testified : "they also said that that was the union [the United] that
Hirsch wanted in there; they didn't want-they spoke of the Amal-
gamated as the C. I. O.-that they didn't want that union in." Mar-
garet Price, another employee, testified that she overheard a conver-
sation wherein the superintendent, Hector, told Brady and Lewandow-
ski, another employee, "to tell the girls that if they will not sign it
[referring to the United petition] we will lay them off and hire new
girls..." The testimony of Minna Bassema further shows the activity
of Brady and Kekelik :
Q. Then what was said, what did Cleda Brady and Theresa
Kekelik or you say?
A. Well, they said that about if the C. I. O. gets in anywhere,
why, it would cut down business and hurt things in general and
they will lay off help, and the same things will happen here if the
C. I. O. gets in here.
Q. Did Theresa Kekelik say anything to you about it?
A. Yes, she says, "Well, are you still with the C. I. OX' I
says, "Yes." She says, "Even if you are out of a job?" I says,
"Sure, I will take that chance."
All the testimony outlined above remains unrefuted in the record
and we find that it accurately describes the activities of the respond-
ent's supervisory employees in discouraging membership in the
Amalgamated.
In conjunction with the above-described activities, petitions for
membership in the United were permitted to be circulated freely
throughout the plant during working hours.
We find that the respondent, by the acts above set forth, has inter-
fered with, restrained, and coerced its employees in the exercise of
their rights to self-organization, to form, join, or assist labor organ-
izations, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose of
collective bargaining and other mutual aid or protection, as guaran-
teed in Section 7 of the Act.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent, set forth in Section III above,
occurring in connection with the operations of the respondent de-
scribed in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE REMEDY
We have found that the respondent warned its employees against
joining the Amalgamated, that it urged the employees to become
members of the United, and that it otherwise engaged in unfair labor
practices. To remedy its unlawful conduct, the respondent will be
ordered to cease and desist from such practices.
-7. THE QUESTION CONCERNING REPRESENTATION
We have pointed out in Section III above, that each of the unions,
claiming a majority representation among the respondent's employees,
requested recognition as exclusive representative of the respondent's
employees and that the respondent and the Amalgamated thereafter
entered into a closed-shop contract. Since the filing of the petition
antedates the contract, it is clear under these circumstances that the
contract does not preclude the Board from investigating and certi-
fying a bargaining representative in this case.4
We find that a question has arisen concerning the representation of
employees of the respondent.
VII. 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 respondent
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.
VIII. THE APPROPRIATE UNIT
The parties agreed at the hearing that the production employees of
the respondent, excluding supervisory, office, and maintenance em-
ployees, constitute an appropriate bargaining unit. The United would
exclude from the appropriate unit three porters, Ira Frakes, Levi
Whitmore, and Joe Biavaschi, who are engaged in cleaning and sweep-
ing up the plant, and a machinist, James Antrin, who is engaged in
4 See Matter of California Wool Scouring Company and Textile Workers Organizing
Commrottee, 5 N. L. R. B. 782; Matter of Rile Manufacturing Corp. and United Electrical,
Radio & Machine Workers of America (C. I. 0.); Matter of Rile Novelty Manufacturing
Co., Columbia & Greene Avenues, Newark, N. J., and American Federation of Labor,
11 N. I, R. B. 696.
HIRSCH SHIRT CORPORATION 563
repairing plant machinery. The United does not admit these four
employees to membership and urges that they were not production
workers. The Amalgamated, on the other hand, considers these em-
ployees essential to the production process and would include them in
the appropriate unit. Since these employees are maintenance em-
ployees 5 we will exclude them from the unit.
The Amalgamated does not admit to membership and would exclude
from the appropriate unit the three floorladies, Kekelik, Brady, and
Smith, whom we have already mentioned in the section dealing with
the unfair labor practices. The United, on the other hand, would in-
clude these employees. Since we have already found these floorladies
to be supervisory employees, we will exclude them from the appro-
priate unit.
We find that the production employees of the respondent, excluding
supervisory, office, and maintenance employees, floorladies, porters,
and machinists, constitute a unit appropriate for the purpose of col-
lective bargaining and that said unit will insure to employees of the
respondent the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
IX. THE DETERMINATION OF REPRESENTATIVES
A pay roll containing 274 names and including all of the respond-
ent's employees who worked from August 9 to September 9, 1938, was
introduced in evidence. All the parties at the hearing stipulated that
this pay roll was a correct one and that, with the exception of porters,
floorladies, and machinists, all the employees listed thereon, excluding
six named employees," are in the appropriate unit. In support of its
claim to majority representation, the United introduced in evidence a
petition bearing the signatures of 136 employees. This petition, which
was circulated in August and September 1938, reads as follows :
APPLICATION FOR MEMBERSHIP
We, the undersigned, hereby make application for membership
in the United Garment Workers of America affiliated with the
American Federation of Labor, and designate that organization
as the sole bargaining agency to represent us in collective bar-
gaining with the Hirsch Shirt Corp. of Hammond, Ind., and
further authorize Hirsch Shirt Corp. to take from our pay en•
velope monthly and pay to the representative of United Garment
"See Matter of Burton Dixie Corporation and Bedding Local 140, United Furniture
Workers of America, C . 1. 0., 10 N L R. B . 1417 ; Matter of The Hawk and Buck Co.,
Ino and United Garment Workers of America, Local No. 229, 12 N. L . R. B. 230.
The agreed exclusions are L . K. Francis , Frank Zosada , Ernest Wilson , Charles Kahle,
Emanuel Shayne , and Earl Johnson.
169134-39-vol. 12-37
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Workers of America, Local Union # ______, such monthly dues
as are certified to by the secretary of that Local Union # -------
The Amalgamated , in opposition to the claims of the United , intro-
duced in evidence 176 membership application cards dated July,
August, and September , 1938, and designating the Amalgamated as
the collective bargaining representative of the signers . It also intro-
duced strike stubs signed by 136 members who actively participated in
the strike.
Forty-four of the employees who signed membership application
cards in the United also signed the Amalgamated petition, and 13
of these employees signed strike stubs as well. In view of these cir-
cumstances neither the United nor the Amalgamated has clearly
established that it represents a majority of the employees within the
,appropriate unit. The question v--hich has arisen concerning the
representation of employees of the respondent can best be resolved
by means of an election by secret ballot.
We shall not , however, at this time fix the date for the holding of
the election since we are of the opinion that the election should not
he held until sufficient time has elapsed to permit a free choice of
representatives unaffected by the respondent 's unfair practices. We
shall, at the time we specify the date on which the election is to be
held, also specify the date on the basis of which eligibility to vote in
the election shall be determined.
Upon the basis of the above findings of fact , and stipulations, and
the entire record in the case , the Board makes the following :
CONCLUSIONS OF LAW
1. Amalgamated Clothing Workers of America and United Gar-
ment Workers of America are labor organizations, within the meaning
of Section 2 (5) of the Act.
2. By interfering with, restraining, and coercing its employees
in the exercise of the rights guaranteed in Section 7 of the Act, the
respondent has engaged in and is engaging in unfair labor practices,
within the meaning of Section 8 (1) of the Act.
3. The aforesaid unfair labor practices are unfair labor practices
affecting commerce, within the meaning of Section 2 (6) and (7) of
the Act.
4. A question affecting commerce has arisen concerning the repre-
sentation of employees of Hirsch Shirt Corporation, Hammond, Indi-
ana, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
5. The production employees of the respondent, excluding super-
visory, office, and maintenance employees, floorladies, porters, and
HIRSCH SHIRT CORPORATION 565
machinists , constitute a unit appropriate for the purposes of collec-
tive bargaining , within the meaning of Section 9 (b) of the Act.
ORDER
Upon the basis of the above stipulations, findings of fact, and
conclusions of law, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that the respondent, Hirsch Shirt Corporation, its officers,
agents, successors, and assigns shall:
1. Cease and desist from :
(a) In any manner discouraging membership in Amalgamated
Clothing Workers of. America, affiliated with the Congress of In-
dustrial Organizations, or any other labor organization of its em-
ployees, or encouraging membership in United Garment Workers
of America, affiliated with the American Federation of Labor, or
any other labor organization of its employees;
(b) Advising, urging, and warning its employees to refrain from
joining and/or retaining membership in the Amalgamated Clothing
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, or any other labor organization of its employees; or
advising, urging, and warning its employees to join the United Gar-
ment Workers of America, affiliated with the American Federation
of Labor, or any other labor organization of its employees; or
threatening its employees with loss of employment and lay-off and
the closing of the plant should its employees fail to join the United
Garment Workers of America, affiliated with the American Federa-
tion of Labor, or any other labor organization of its employees; or
circulating in the plant, during working hours, petitions and mem-
bership application cards in behalf of United Garment Workers of
America, affiliated with the American Federation of Labor, or any
other labor organization of its employees; or intimidating its em-
ployees regarding their union affiliation;
(c) In any other manner interfering with, restraining, or coercing
its employees in the exercise of their right to self-organization, to
form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing, and to engage in con-
certed activities for the purpose of collective bargaining or other
mutual aid or protection as guaranteed in-Section 7 of the National
Labor Relations Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Post and keep visible in prominent places in the office and in
each department of the respondent's plant, and in the principal execu-
tive office of the respondent, for a period of sixty (60) days after
566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
receipt and date of posting, copies of the Decision and Order entered
by the National Labor Relations Board, and a notice stating that
the respondent will cease and desist in the manner aforesaid and
will take the affirmative action set forth herein;
(b) Notify the Regional Director for the Thirteenth Region, in
writing, of compliance with this Order, within sixty (60) days from
the date of its entry by the Board.
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, 49 Stat. 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series
1, as amended, it is hereby
DIREcTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Hirsch Shirt Corporation, Hammond, Indiana, an election by
secret ballot shall be conducted at such time as the Board shall
hereafter direct, after it is satisfied that there has been sufficient com-
pliance with its order to dissipate the effects of the unfair labor
practices of the respondent, under the direction and supervision of
the Regional Director for the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among the
production employees of Hirsch Shirt Corporation, employed by
said respondent during a pay-roll period which the Board shall in
the future specify, but excluding supervisory, office, and maintenance
employees, floorladies, porters, and machinists, to determine whether
they desire to be represented by Amalgamated Clothing Workers of
America, affiliated with the Congress of Industrial Organizations, or
by United Garment Workers of America, affiliated with the Ameri-
can Federation of Labor, for the purposes of collective bargaining,
or by neither.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision, Order, and Direction of Election.
[SAME TITLE
AMENDMENT TO DIRECTION OF ELECTION
May 20, 1939
On April 28, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Elec-
tion, in the above-entitled proceeding, directing that an election be
HIRSCH SHIRT CORPORATION 567
held at such time as the Board would in the future direct, under
the direction and supervision of the Regional Director for the Thir-
teenth Region (Chicago, Illinois) among the production employees
of Hirsch Shirt Corporation, Hammond, Indiana, herein called
the respondent, who were employed by the respondent during the
pay-roll period to be determined by the Board in the future, exclud-
ing supervisory, office, and maintenance employees, floorladies,
porters, and machinists, to determine whether they desired to be
represented by Amalgamated Clothing Workers of America, affili-
ated with the Congress of Industrial Organizations, or by United
Garment Workers of America, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by neither.
Having been advised by the Regional Director that an election may
be appropriately held at this time, the Board hereby amends its
Direction of Election in the above-entitled proceeding by striking
therefrom the words "at such time as the Board shall hereafter
direct" and substituting therefor the words "within twenty (20) days
from May 19, 1939," and by striking therefrom the words "during
a pay-roll period which the Board shall in the future specify" and
substituting therefor the words "during the pay-roll period next
preceding May 19, 1939."
The Amalgamated requests that provision be made for voting by
absentee ballot by employees who are now on leave of absence but
who have not been separated from the pay roll. Accordingly, the
Board hereby directs the Regional Director to make appropriate
provision for voting by those employees of the respondent on the
designated pay roll who are on leave of absence, using the United
States mails if necessary for that purpose.
12 N. L. R. B., No. 66a.