Manchester Knitted Fashions, Inc.

National Labor Relations Board - Board Decisions

Apr 22, 1947

73 N.L.R.B. 471 (N.L.R.B. 1947)

In the Matter Of MANCHESTER KNITTED FASHIONS, INC., & MANCHESTER
SPORT FASHIONS, INC., EMPLOYERS and AMALGAMATED CLOTHING
WORKERS OF AMERICA, C. I. 0., PETITIONER
Case No. 1-R-3468.-Decided April 2, 194'7
Mr. Ralph M. Goldstein, of Boston, Mass., for the Employers.
Mr..Sidney S. Grant, of Boston, Mass., for the Petitioner.
Messrs. Ralph Roberts and Henry P. Healey, both of Boston, Mass.,
for the Intervenor.
Mr. Lloyd S. Greenidge, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon an amended petition duly filed, hearing in this case was held
at Manchester, New Hampshire, on January 17, 1947, before Leo J.
Halloran, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
The Employer's request for oral argument is denied inasmuch as the
record, in our opinion, adequately presents the issues and position of
the parties.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYERS
Manchester Knitted Fashions, Inc., herein called Knitted Fashions,
is a New Hampshire corporation having its principal office and place
of business in Manchester, New Hampshire, where it is engaged in the
manufacture of knitted outerwear, such as knitted sweaters, knitted
pajamas and "T"-shirts. During 1946, Knitted Fashions purchased
yarn valued at more than $100,000, of which in excess of 50 percent
was purchased outside the State of New Hampshire. During the
same period, it produced finished products valued at more than
$100,000, of which approximately 95 percent was shipped out of the
State.
73 N. L. R. B., No. 93.
471
472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Manchester Sport Fashions, Inc., herein called Sport Fashions, is
a New Hampshire corporation having its principal office and place of
business in Manchester, New Hampshire, where it is engaged in the
manufacture of woven outerwear such as woven sport shirts and
woven shorts. During 1946, Sport Fashions purchased woven cloth
valued at more than $50,000, of which in excess of 95 percent was
purchased outside the State of New Hampshire. During the same
period, it produced finished products valued at more than $50,000,
of which approximately 95 percent was shipped out of the State.
Each Employer admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
International Ladies' Garment Workers' Union, herein called the
Intervenor , is a labor organization affiliated with the American Fed-
eration of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employers refuse to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employers until the
Petitioner has been certified by the Board in an appropriate unit or
units.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employers, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner and the Intervenor request a single unit consisting
of all production and maintenance employees of both Knitted Fash-
ions and Sport Fashions, excluding office and clerical employees and
supervisors. The Employers contend that there should be two sep-
arate units, one limited to the employees of Knitted Fashions and the
other to the employees of Sport Fashions. The Employers do not
object to the categories of employees to be included in and excluded
from any unit or units.
Knitted Fashions and Sport Fashions are separate corporations
having, however, identical corporate officers. They rent and occupy
two floors of the same building. Each corporation occupies a separate
part of the leased premises and pays rent directly to the owner for
the part so used.' The working area of Knitted Fashions is separated
1 The record does not disclose whether each Employer has a separate lease.
MANCHESTER KNITTED FASHIONS, INC. 473
from that of Sports Fashions by an aisle 10 to 30 feet in width, an iron
railing and a partition. Separate facilities, such as dining rooms;
rest rooms, lockers and entrances to the plant premises are provided
for the employees of each corporation. Separate time clocks are also
in use. Each company has its own shippers, shipping rooms, offices
and office help, except as indicated hereinafter.
The two corporations are engaged in the manufacture of different
products requiring the use of different raw materials and the appli-
cation of different production techniques. Because the skills required
are different, there is no interchange of skilled employees between the
companies. Unskilled employees are occasionally "loaned" by one
corporation to the other. When this occurs, a charge is made against
the borrowing corporation for the services so rendered except when
the time involved is too sin all to be taken into account. The manufac-
turing operations of each corporation are separately supervised.'
There is no interchange of supervisory personnel between the corpora-
tions.
Each corporation maintains separate financial records, bank ac-
counts, pay-roll records and group health and accident insurance poli-
cies. Each corporation also purchases its own raw materials through
different purchasing agents.
Certain employees of Knitted Fashions also perform services for
Sport Fashions but the latter is charged for services so rendered.
Among the employees of Knitted Fashions who perform services for
Sport Fashions are the personnel director who interviews applicants
for jobs at both companies, the telephone operator who handles tele-
phone calls for both companies, and the chief bookkeeper who pre-
pares the pay rolls for the two corporations.
Under all the circumstances, we are of the opinion that the extent
of integration between the two corporations is insufficient to warrant
a single unit composed of employees of both corporations. Accord-
ingly, we shall establish two separate units, one limited to the em-
ployees of Knitted Fashions and the other to the employees of Sport
Fashions.3
We find that the following units, excluding from each unit all office
and clerical employees, executives, foremen and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute units appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
2 The superintendent of operations for Eniteed Fashions acts as technical advisor for
Sport Fashions However, the operations of the latter are under the full-time direction
of a manager
3 Matter of Consolidated Electrical Products, 71 N. L R B. 360 ; Matter of Reeves'
Bound Laboratories, Inc., 60 N. L. R. B. 463; Matter of The 4irparts Company, 59 N. L.
R B 1341.
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(1) All production and maintenance employees of Knitted Fash-
ions.
(2) All production and maintenance employees of Sport Fashions.
DIRECTION OF ELECTIONS 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Manchester Knitted Fashions,
Inc., and Manchester Sport Fashions, Inc., both of Manchester, New
Hampshire, separate elections 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 First Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the units found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill or
on vacation 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 those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the elections, to determine whether they desire to be rep-
resented by Amalgamated Clothing Workers of America, C. I. 0., or
by International Ladies' Garment Workers' Union, A. F. of L., for
the purposes of collective bargaining, or by neither.
4 Any participant in the elections herein may , upon its prompt request to , and approval
thereof by , the Regional Director , have its name removed from the ballot.