Mac Smith Garment Co., Inc.

National Labor Relations Board - Board Decisions

May 23, 1949

83 N.L.R.B. 780 (N.L.R.B. 1949)

In the Matter of MAC Storm GARMENT COMPANY, Ixc., EMPLOYER and
AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER
Case No. 15-RC-244.--Decided May 93,1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Richard C.
Keenan, a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudical
error and are hereby affirmed.'
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel consisting of the undersigned Board
Members [Chairman Herzog and Members Houston and Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's shirt-
manufacturing plant at Gulfport, Mississippi, including factory
clericals, record keepers, and other employees in the shipping depart-
ment, warehouse employees, warehousemen, stockroom clerks, record
keepers in the cutting department, bundle boys and mechanics in
the sewing department, cleaners, janitors, and sweepers, but excluding
'At the hearing , the Intervenor contended that Petitioner's showing of interest was
inadequate . As we have repeatedly pointed out that the interest showing of a petitioning
labor organization serves an administrative purpose and is therefore not subject to attack,
we find no merit in this contention . Matter of Atlanta Coca-Cola Bottling Company, 83
N. L. R. B . 187; and cases cited therein.
83 N. L. R. B., No. 118.
780
MAC SMITH GARMENT COMPANY, INC. 781
foremen in the cutting department, foreman and assistant foremen
and floorladies and head mechanics in the sewing department, foremen
and floorladies in the pressing department, foreladies in the boxing
department, foremen in the shipping department, other supervisors,
office clerical employees, watchmen,2 and guards.
5. New employees do not become regular employees until they have
satisfactorily completed a probationary period of 6 weeks' employ-
ment and have been accepted as regular workers by the Employer.
Former employees who return to work within 2 years from the time
of their previous employment termination 3 do not become regular
employees until they have completed a probationary period of 3 weeks'
employment and have been accepted as regular workers by the Em-
ployer. There is no evidence as to what proportion of these employees
the Employer actually retains after the expiration of their proba-
tionary period. In accordance with the agreement of the parties,
probationary employees shall be deemed ineligible to vote .4
DIRECTION OF ELECTION
As part of the investigation to ascertain. representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, but excluding probationary em-
ployees and 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, and also excluding employees on strike who are not
entitled to reinstatement, to determine whether they desire to be repre-
sented, for purposes of collective bargaining, by Amalgamated Cloth-
ing Workers of America, CIO, or by United Garment Workers of
America, AFL, Local 172, or by neither.
2 Watchmen are deputized policemen , control entrance into, and exit from , the plant,
carry firearms at night, and make rounds and punch the watchmen 's clock during the hours
that the plant is closed . Under these circumstances , we find that watchmen are guards
within the meaning of the Act, and we shall therefore exclude them from the unit . Matter
of Manhattan Oil Corporation , 79 N. L. R. B. 187.
3 Former employees who return to work after the expiration of this 2-year period return
as new-employees.
4 Matter of The Jaeger Machine Company , 74 N. L. R. B. 476.