J. Freezer & Son, Inc.

National Labor Relations Board - Board Decisions

Oct 6, 1939

15 N.L.R.B. 924 (N.L.R.B. 1939)

In the Matter of J. FREEZER & SON, INC. and UNITED GARMENT
WORKERS OF AMERICA
Case No. B-1463.-Decided October 6,1939'
Men's Shirt Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation : employer 's refusal to grant recognition
of union until certified-Unit Appropriate for Collective Bargaining : no dispute
as to ; all piece -rate and hourly rate production employees at the Radford plant
of the Company , excluding clerical employees , supervisory employees, machin-
ists, machinists ' helpers, watchmen , and persons on the "reserve list"-Repre-
sentatives : proof of choice: introduction of union applications and union mem-
bership book ; authenticity and probative value questioned ; question concerning
representation can best be resolved by a secret ballotElection Ordered
Mr. Reeves R. Hilton, for the Board.
Gallant & Steinberg, by Mr. Frank Steinberg, of New York City,
for the Company.
Mr. David W. Crawford, of Erie, Pa., for the Union.
Mr. Howard S. Friedman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 30, 1938, United Garment Workers of America, herein
called the United, filed with the Regional Director for the Fifth
Region (Baltimore, Maryland) a petition, and on August 25, 1939, an
amended petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of J. Freezer. &
Son, Inc., Radford, Virginia, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat., 449,
herein called the Act. On August 11, 1939, the National Labor Rela-
tions 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, ordered an investigation and
authorized the Regional Director to conduct it, and to provide for an
appropriate hearing upon due notice.
15 N. L. R. B., No. 103.
924
J. FREEZER & SON, INC. 925
On August 25, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
United, and upon the Amalgamated Clothing Workers of America,
herein 'called the Amalgamated.' Pursuant to notice, a hearing was
held on September 11, 1939, at Radford, Virginia, before Earl S.
Bellman, the Trial Examiner duly designated by the Board. The
Board and the Company were represented by counsel and the Union
by a representative; all 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. -THE BUSINESS OF TIRE COMPANY
J. Freezer & Son, Inc., is a New York corporation engaged in the
manufacture and sale of men's shirts, having its principal manufac-
turing plant in Radford, Virginia. It also owns a manufacturing
plant in Floyd, Virginia, and one other plant the location of which is
not indicated. The Company maintains a sales office located at 1150
Broadway, New York City. This proceeding concerns only the plant
at Radford, Virginia, herein called the Radford plant.
The principal raw material` used by the Company is cotton cloth
which is purchased from outside the State of Virginia. In 1938, its
purchases of raw materials for use at the Radford plant exceeded
$400,000.
All the Company's sales are made through its New York City
office. Practically all its products are shipped to States other than
Virginia. In 1938, sales of goods manufactured by the Company at
the Radford plant exceeded $800,000. The Radford plant employs
approximately 350 persons.
The Company stipulated at the hearing that, for the purpose of
this proceeding, the Board has jurisdiction over it.
1 The Regional Director communicated with Clyde M. Mills, Southern Director of the
Amalgamated Clothing Workers of America , concerning the intentions of the Amalgamated
with regard to this proceeding . On September 9, 1939, a reply was received from Mr. Mills,
stating that the Amalgamated did not contemplate intervening in this case . No represent-
ative of the Amalgamated -. appeared at the hearing.
926 DECISIONS OF NATIONAL; LABOR RELATIONS BOARD
If. THE ORGANIZATION INVOLVED
United Garment Workers of America is ' a labor organization,
affiliated with the American Federation of Labor, admitting to its
membership all piece-work and hourly production employees, in' the
garment industry, exclusive of supervisors, maintenance men, truck
drivers, and firemen.
III. THE QUESTION CONCERNING REPRESENTATION ,
On September 20, 1938, a conference was held among representa-
tives of the United, the Amalgamated, the Company, and the Board
for the purpose of arranging a consent. election with- both unions on
the ballot. Subsequently the Amalgamated withdrew from partici-
pation 2 and the consent election did not materialize. After the
Amalgamated's Withdrawal the Regional Director sought to secure
the Company's consent to an election with only--the United on the
ballot. The Company refused to agree to such an election, taking
the position that the names of both unions should be on the ballot.
As we have heretofore indicated ,the Amalgamated, although served
with notice of the proceeding, did not appear and has not asserted
herein any claim to represent the Company's employees.
Counsel for-the Company stipulated at the hearing. that the Com-
pany has refused, to recognize the United as exclusive bargaining
representative until it is certified by the Board:'
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
x ^ .
At the hearing the United and the Cofnpany agreed that-all piece=
sate and hourly rate. production, employees ' at' the; Radford plant of
the Company, excluding clerical employees, supervisory 'employees,
machinists, machinists' helpers, watchmen, and `persons, on the reserve
8 The record does not disclose the reason for the Amalgamated 's withdrawal.
J. FREEZER & SON, INC. 927
list" 3, =constitute a }unit appropriate for the-, purposes of- collective
bargaining. We see no reason for departing from the unit thus
agreed upon by the parties.
We find that all piece-rate and hourly rate production employees
at the Radford plant of the Company, excluding clerical employees,
supervisory employees, machinists, machinists' helpers, watchmen,
and persons on the "reserve list," constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to the employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the United introduced in evidence signed, but
undated, applications for membership of a substantial majority of
the Company's employees at the Radford plant on the pay rolls-for
August 26, 1938, and August 25, 1939. The United also produced
portions of its membership record book, taken from the signed
applications, which indicate that at least 248 employees joined the
United prior to August 26, 1938.
While disputing the authenticity of, the signatures on the applica-
tions, the Company contests the United 's claims particularly on the
ground inter alia that the signatures on a majority of the applications
were obtained more than a year ago and should not be taken as
probative of the signers' present desire to be represented by the
United. Under the circumstances, the question concerning repre-
sentation can best be resolved by a secret ballot. We shall accordingly
direct that an election by secret ballot be held 4
We shall direct that. employees at the Radford plant of the Com-
pany within the appropriate unit who were employed by the Com-
pany during the pay-roll period, immediately preceding the Direction
of Election, hereinafter set forth," including "employees who did not
work during such pay-roll period because they were ill or. on vacation
and employees who, were 'then or, have since been temporarily laid
off, but excluding any such employees who have since quit or 'been
$ It was: established that the Company keeps a "reserve list" of persons who have volun-
tarily left its employ . If additional employees are needed , the Company -offers employment
to those on the "reserve list." The Company stated, however, that persons on this list do
not have any particular claim to a job and that it did not consider them as retaining their
status as employees.
s Matter of Armour & Company and United Packinghouse Workers, Local Industrial Union
No. 13 of Packinghouse Workers Organizing . Committee, affiliated with C. I. 0., 13 N. L. R.
B. 567 ; Matter of The Cudahy Packing Company and United Packinghouse Workers of
America, Local No. 21, of the Packinghouse Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, 13 N. L. R, B. 526.
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
discharged for cause, shall be eligible to vote to determine whether
or not they wish to be represented by the United.
Upon 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 J. Freezer & Son, Inc., Radford, Virginia,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All piece-rate and hourly rate production employees at the
Radford plant of the Company, excluding clerical employees, super-
visory employees, machinists, machinists' helpers, watchmen, and
persons on the "reserve -list," 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining, 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 of Election under the direction and supervision of
the Regional Director for the Fifth 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 all piece-rate
and hourly rate production employees of J. Freezer & Son, Inc., Rad-
ford, Virginia, who were employed by the Company during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, including employees who did not work during such pay-roll
period because they were ill or on vacation and employees who were
then or have since been temporarily laid off, but excluding any such
employees who have since quit or been discharged for cause and
excluding clerical employees, supervisory employees, machinists, ma=
chinists' helpers, watchmen, and persons on the . "reserve list," to
determine whether or not they desire to be represented by the United
Garment Workers of America for the purposes of collective
bargaining. .