Home Laundry

National Labor Relations Board - Board Decisions

Jun 13, 1947

74 N.L.R.B. 100 (N.L.R.B. 1947)

In the Matter of HOME LAUNDRY, DRY CLEANING & DYEING Co., INC.,
T/A HOME LAUNDRY, EMPIAY-ER and UNITED CLEANERS AND
LAUNDRY WORKERS UNION, LOCAL 66, PETITIONER .
Case No. 5-R,0926.-Decided June 13, 1947
Mr. Joseph C. McGarraghy, of Washington , D. C., for the
Employer.
Mr. Albert Black. of Washington , D. C., for the Petitioner.
Mr. Boy 0. Goldin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Washington, D. C., on April 10 and 17, 1947, before Joseph Lepie,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
Fi_xl)tNGS OF FACT
I. T11 E BUSIN ESS OF TIIF EMPLOYER
Home Laundry, Dry Cleaning R Dyeing Co., Inc., T/A Home
Laundry, a District of Columbia corporation, is engaged in the general
laundry and dry cleaning business in the District of Columbia. Dur-
ing the year 1946, the Employer purchased supplies and raw materials
valued at approximately $42,000, of which 42 percent represented
shipments from sources outside the District. During the same period,
the Employer rendered services valued at approximately $350,000, of
which 28 percent represented services to customers residing at points
outside the District.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
74 N. L R B, No. 24
100
HOME LAUNDRY, DRY CLEANING & DYEING CO., INC. 101
I7. ITIE ORG .\NIZATION INVOLVED
The Petitioner is an unaffiliated labor organization, claiming to
represent employees of the Employer.,
Ill. THE QUESTION CONCERNING RI?PRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TILE APPROPRI kTE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Employer, excluding
power plant employees, office clerical workers, plant clerical employees,
driver salesmen, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Home Laundry, Dry Cleaning &
Dyeing Co.. Inc.. T/A Home Laundry, Washington, D. C., an elec-
tion 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 Fifth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Sections 203.5 .5 and 203.56, of National
Labor Relations Board Rules and Regulations-Series 4, among the
employees in the unit found appropriate in Section IV, above, who
Were employed during the pay-roll period immediately preceding the
i At the hearing , the Employer contended that the Petitioi e, is not it labor organization
within the meaning of the Act We find no merit in this contention Although the Peti-
tioner is newly formed, the record discloses that it was organized for the purpose of bar-
gaining collectively for workers in the laundry and dry cleaning mdustiy in the District
of Columbia , that it has held membership meetings at which the membership ratified a
Constitution and bylaws in part and elected officers and that it has obtained authorization
cards from the Employei ' s employees In view of the foregoing , we find that the Petitioner
is it labor organization within the meaning of Section 2 (5) of the Act See Matter of
Ripley Manufacturing Company , 72 N L R . B. 559 , Matter of Gielow , Inc, 60 N L It B.
1477 , and Mattel of Air Reduction Sales Company , 58 N L It B 522
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporar-
ily 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 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 United
Cleaners and Laundry Workers Union, Local 66, for the purposes of
collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.