Morris Abrams, Inc.

National Labor Relations Board - Board Decisions

Apr 23, 1947

73 N.L.R.B. 494 (N.L.R.B. 1947)

In the Matter of MORRIS ABRAMS, INC., EMPLOYER and FEDERAL LABOR
UNION, LOCAL 20734, AFL and WHOLESALE & WAREHOUSE WORKERS
UNION, LOCAL 65, CIO
Case No. 2-RE-93.--Decided April 23, 1947
Halpert cfi Burger , by Mr. Harold C. Burger , of New York City, for
the Employer.
Mr. Alexander Evano ff , of New York City, for the CIO.
Messrs . George Barasch and Herman Plotnich, of New York City,
for the AFL.
Mr. George M. Yaghjian , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New York
City, on March 10, 1947, before Sidney Reitman, hearing officer. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TILE EMPLOYER
Morris Abrams, Inc., a New York corporation with its principal
place of business in New York City, is engaged in the business of serv-
icing machinery and selling hardware tools and supplies. During the
year preceding March 10, 1947, the Employer purchased materials
valued in excess of $100,000, of which more than 25 percent was
shipped to its plant in New York City from points outside the State
of New York. During the same period, the Employer's sales were in
excess of $250,000, of which more than 10 percent was shipped to points
outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
73 N. L. R B., No 99.
494
MORRIS ABRAMS, INC.
II. THE ORGANIZATIONS INVOLVED
495
Federal Labor Union, Local 20734, herein called the AFL, is a labor
organization affiliated with-the American Federation of Labor, claim-
ing to represent employees of the Employer.
Wholesale & Warehouse Workers Union, Local 65, herein called the
CIO, is,a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize either the CIO or the AFL as
the exclusive bargaining representative of employees of the Employer
until one or the other has first been certified by the Board in an appro-
priate unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with an agreement of the parties, that all
inside salesmen, shipping, stock, packing. and delivery department
employees, excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute a
unit appropriate for the purposes of 'collective bargaining within the
meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Morris Abrams, Inc., New York
City, 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
Second 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 unit found appropriate in Section IV, above, who
were employed during the pay-roll period ininiediately preceding the
date of this Direction, including employees who did not work during
'The Employer and the AFL were parties to a collective bargaining contract which ter-
minated on Match 31, 1947
Any paitncipant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed fi om the ballot
739926-47-vol 73-33
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 elec-
tion, to determine whether they desire to be represented by Federal
Labor Union, Local 20734, AFL, or by Wholesale & Warehouse Work-
ers Union , Local 65, CIO , for the purposes of collective bargaining, or
by neither.