Joseph Black & Sons Co.

National Labor Relations Board - Board Decisions

May 22, 1941

32 N.L.R.B. 10 (N.L.R.B. 1941)

In the Matter Of JOSEPH BLACK & SONS Co. and AMERICAN
FEDERATION OF HOSIERY WORKERS
Case No. R-.531,Decided May 22, 1941
Jurisdiction : hosiery manufacturing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused petitioner's request to enter into negotiations concerning a
strike which was in existence on the ground it had not been certified as the
exclusive representative of the employees; pay roll preceding strike to
determine eligibility ; intervening organization which made no showing of
substantial membership not accorded place on ballot ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, including shipping-department employees, but
excluding firemen, watchmen, and supervisory and clerical employees'; no
controversy as to.
Mr. Samuel G. Zack, for the Board.
Mr. John A. Hoober, of York, Pa., for the Company.
Mr. James W. Batz, of Philadelphia, Pa., for the Hosiery Workers.
Mr. Robert A. Warner, of York, Pa., for the A. F. of L.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 15, 1941, American Federation of Hosiery Workers,
herein called the Hosiery Workers, filed with the Regional Director
for the Fourth Region (Philadelphia, Pennsylvania) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Joseph Black & Sons Co., York Penn-
sylvania, herein called the Company, and requesting 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 April 26, 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
32 N. L R. B., No 2.
10
JOSEPH BLACK & SONS CO. 1l1
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.
On April 29, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Hosiery
Workers. Pursuant to notice, a hearing was held on May 5, 1941,
at York, Pennsylvania, before Geoffrey J. Gunniff, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The Coin-
pany and the Hosiery Workers were represented by counsel
and • participated 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. At the
opening of the hearing counsel for the American Federation of Labor,
-herein called the A. F. of L., entered an appearance and, claiming
to represent employees directly affected by the investigation, moved to
intervene in this proceeding. The Trial Examiner denied this mo-
tion on the grounds that the A. F. of L. had made no substantial
showing of membership among the employees of the Company.'
During the course of the hearing the Trial Examiner ruled on sev-
eral other 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, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Joseph Black & Sons Co., a Pennsylvania corporation, is engaged
in, the manufacture and sale of men's hose at a plant at York, Pennsyl-
vania. " • During the last 6 months of 1940 the Company purchased
materials valued at not less than $125,000, of which approximately 30
per cent was received from points outside the State of Pennsylvania.
During 1940 the Company sold finished products valued at approxi-
mately $1,000,000, the major portion of which was shipped to pur-
chasers outside the State of Pennsylvania.
i At the hearing counsel for the A. F. of L. stated that he understood that the •A. F. of L.
represented a majority of the employees of the Company but that evidence of such rep-
resentation was in the possession of another , representative of the A F. of L. at Harris-
burg , Pennsylvania . The Trial Examiner afforded counsel for the A. F. of L. opportunity
to obtain evidence of its alleged representation and stated that the hearing would continue
until 3 • 30 p. in. to receive this evidence. Hon ever, the A. F. L. representative did not
return with any evidence of representation and at 3:40 p. in the Trial Examiner closed
the hearing.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the existence of a strike which began on April 3, 1941, and
which is still in effect, the Hosiery Workers, claiming to represent a
majority of the employees of the Company, requested the Company to
enter into negotiations concerning the strike. The Company refused
this request on the ground that the Hosiery Workers had not been
certified as the exclusive representative of the employees.
A statement read into the record by the Trial Examiner shows that
the Hosiery Workers represents a substantial number of employees in
the unit alleged in its petition to be appropriate?
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,
occuring 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 Hosiery Workers contends that all production and maintenance
employees of the Company, including shipping-department employees,
but excluding firemen, watchmen, and supervisory and clerical em-
ployees, constitute an appropriate unit. The Company made no con-
tention concerning the unit.
We find that all production and maintenance employees of the Com-
pany, including shipping-department employees, but excluding fire-
men, watchmen, and supervisory and clerical employees, constitute a
unit appropriate for the purposes of collective bargaining and that such
unit will insure to 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.
2 The Trial Examiner stated that the Hosiery Workers submitted application cards signed
by 204 persons whose names appeared on the Company 's March 29 , 1941, pay roll con-
taining approximately 420 employees . The A. F. of L. submitted one application card
claiming, as stated above , that its evidence of designation was not available at the hearing.
JOSEPH BLACK & SONS CO.
VI. THE DETERMINATION OF REPRESENTATIVES
13
We find that the question concerning representation of employees
of the Company can best be resolved by an election by secret ballot.
The parties made no contention concerning eligibility date. A strike
among employees of the Company began on April 3, 1941, and is
now in progress, and there is no showing that the Company has hired
any employees since its inception. We are of the opinion that the
pay-roll period last preceding the date on which the strike began
should be used to determine eligibility. We shall accordingly direct
that an election by secret ballot be held among all employees within
the appropriate unit who were employed during the pay-roll period
last preceding April 3, 1941, subject to the limitations and additions
set forth in the Direction. Inasmuch as the A. F. of L. made no
showing of substantial membership among the employees of the
Company, we shall deny its request, made at the hearing, for a place on
the ballot in the election.
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 Joseph Black & Sons Co., York, Pennsyl-
vania, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
including shipping-department employees, but excluding firemen,
watchmen, and supervisory and clerical employees, constitute a unit-
appropriate for the purpose of collective bargaining, within the mean-
ing 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, 49 Stat. 449, 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Joseph Black & Sons Co., York, Pennsylvania, 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 Fourth Region acting
14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 production and maintenance employees who worked for'the Com-
pany during the pay-roll period last preceding April 3, 1941, includ-
ing shipping-department employees, employees who did not work dur-
ing' such pay-roll period because they were ill or on vacation, or absent
because called for military service, or temporarily laid off, but exclud-
ing firemen, watchmen, supervisory and clerical employees, and
employees 'who have since April 3, 1941, quit or been discharged for
cause, to determine whether or not they desire to be represented by
American Federation of Hosiery Workers, for th,3 purposes of col-
lective bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
AMENDMENT TO DIRECTION OF ELECTION
June 9, 1941
On May 22, 1941, National Labor Relations Board, herein called
the Board, issued its Decision and Direction of-Election in the above-
entitled proceeding, directing that an election be conducted to de-
termine whether or not certain employees of Joseph Black & Sons Co.,
herein called the Company, desired to be represented for the purposes
of collective bargaining by American Federation of Hosiery Workers,
herein called the Hosiery Workers. In its Decision and Direction of
Election, the Board refused to permit' United Textile Workers of
America, affiliated with the American Federation of Labor, herein
called the A. F. of L., to participate in the election for the reason
that said labor organization had made no showing of substantial mem-
bership among the employees of the Company in the appropriate unit.
On May 21, 1941, the A. F. of L. lodged with the Board a motion,
which was not brought to the' Board's_ attention until after issuance
of the above Decision, "to reopen record for the purpose of intervening,
presenting proof of representation, and requesting permission to par..
ticipate in the election." On May 22, 1941, the Hosiery Workers filed
objections to this motion.
In its motion the A. F. of L. offered to present proof that it rep-
resents a substantial number of employees in the appropriate unit and
f herefore that it is entitled to participate in the' election. Pursuant
to instructions from the Board, the A. F. of L. submitted to the
Regional Director proof of such representation. The Regional Direc-
tor's report to the Board, concerning this proof, indicates that the
JOSEPH BLACK & SONS CO. 15
A. F. of L. represents a substantial number of employees in the appro-
priate bargaining unit. Under the circumstances we shall amend our
Direction of Election and provide that the A. F. of L. be designated
on the ballot?
AMENDMENT TO DIRECTION OF ELECTION
The Board hereby amends its Direction of Election by striking from
it the phrase "to determine whether or not they desire to be represented
by American Federation of Hosiery Workers, for the purposes of
collective bargaining" and substituting therefor the phrase "to deter-
mine whether they desire to be represented by American Federation
of Hosiery Workers, or by United Textile Workers of America, af-
filiated with the American Federation of Labor, for the purposes of
collective bargaining or by neither."
I The instant proceeding was pending before the Board at the time of the issuance of
the Supplemental Decision and Amendment to Direction of Election in Matter of American
'Woolen Company and United Textile Workers of America, Local No. 2625, A. F. of L,
32 N. L R B 1, wherein the Board stated, "Expeditious investigation and certification
of representatives is essential to the proper administration of the Act Sound adminis-
trative policy requires , therefore , that parties claiming the right of representation submit
prima facie proof upon which they rely, to the Regional Director prior to the hearing
or to the Tiial Examiner at the hearing Hereafter , in all proceedings not now pend-
ing before the Board where full opportunity has been afforded for the timely presentation
of such prima facie proof, we shall reject offers of proof of representation made after the
close of hearings."
32 N. L. R. B , No. 2a.