Luray Clothing Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Oct 5, 1945

63 N.L.R.B. 1457 (N.L.R.B. 1945)

In the Matter of LURAY CLOTHING MANUFACTURING COMPANY, INCOR-
PORATED 1 and AMALGAMATED CLOTHING WORK ERS OF AMERICA
Case No. 5-R202ZDecided October 5, 19445
Mr. W. S. Blakeney, of Charlotte, N. C., for the Company.
Mr. David M. Schlossberg, of New York City, for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Clothing Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Luray Clothing Manufacturing Company, Incorporated, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Sidney J. Barban, Trial
Examiner. The hearing was held at Luray, Virginia, on August 21,
1945. The Company and the Union appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the hearing the Company moved to dismiss the petition
on the ground that the Union's showing of interest was obtained
before the Company began operations. Ruling on the motion was
reserved for the Board. For the reasons hereinafter stated, the mo-
tion is hereby denied. 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
1. THE BUSINESS OF THE COMPANY
Luray Clothing Manufacturing Company, Incorporated, which was
incorporated on July 2, 1945, operates a plant at Luray, Virginia,
1 Without objection of the parties, all formal papers were corrected to show the name of
the Company as set forth above.
63 N. L R B., No. 222.
1457
1458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
where it manufactures dungarees for the United States Navy. Dur-
ing the month prior to the date of the hearing, the Company used
materials and supplies, consisting of denim, buttons and thread, at
its Luray, Virginia, plant, having a value substantially in excess of
$1,000, all of which were obtained from points outside the Com-
monwealth of Virginia. On the basis of the Company's experience
during the same period, the Company estimates that its sales of goods
manufactured at its plant for the next year will be in excess of $50,000,
all of which will be shipped to points outside the Commonwealth of
Virginia.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
On July 11, 1945, the Union requested recognition from the Com-
pany as the collective bargaining representative of the Company's
employees. The Company has refused to recognize the Union until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 seeks a unit of all the Company's production and main-
tenance employees, including the watchman,3 but excluding office
clerical employees, the superintendent, foreman and supervisor. The
Company agrees that the unit petitioned for is appropriate except
2 The Board agent reported that the Union submitted 65 application for membership
cards, of which 7 were undated , 5 dated in April 1945 , and the remainder dated between
January 15 and 31 , 1945; and that there were 82 employees in the unit alleged to be
appropriate The Company contends that the petition should be" dismissed because the
cards submitted were obtained when the employees involved were employed by another
employer , which was the predecessor of the present Company. We find this contention to
be without merit Authorization or membership cards are required merely to provide a
reasonable safeguard against the indiscriminate institution of representation proceedings
by labor organizations which might have little or no membership in the unit claimed ap-
propriate . See Matter of H. G Hill Stores, Inn, 39 N L R. B 874, and cases cited therein
The cards submitted meet this test The fact that the cards were obtained before the
Company assumed control of the operations is not material, inasmuch as the record dis-
closes that the operations and the employees involved remained the same after the transfer
of control to the Conipanv
3 This employ ee is neither militarized nor deputized
LURAY CLOTHING MANUFACTURING COMPANY, INC. 1459
that it would also include the timekeeper , whom the Union would
exclude from the unit.
The timekeeper spends all of her time at a desk in an office which
she shares with the president of the Company. Her duties consist of
making out tickets for piece-work operations , keeping the time of
employees , and preparing the Company 's pay roll . The timekeeper is
clearly an office clerical employee . In accordance with our customary
practice of excluding such employees from production and mainte-
nance units, we shall exclude the timekeeper. ,
We find that all production and maintenance employees of the Com-
pany , including the watchman , but excluding the timekeeper , office
clerical , employees , the superintendent , foreman, supervisor, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit ap-
propriate for the purposes of collective 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 Election
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 representa-
tives for the purposes of collective bargaining with Luray Clothing
Manufacturing Company, Incorporated, Luray, Virginia, 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 di-
rection 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, Sections 10 and 11, of said Rules and Regu-
lations, 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 said pay-roll period because they were ill or on vacation
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1460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any 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 Amal-
gamated Clothing Workers of America, for the purposes of collective
bargaining.