Norton Brothers and Morris

National Labor Relations Board - Board Decisions

Nov 5, 1945

64 N.L.R.B. 710 (N.L.R.B. 1945)

In the Matter of NORTON BROTHERS AND MORRIS and AMALGAMATED
CLOTHING WORKERS OF AMERICA, C. I. O.
Case No. 21-R-42953.-Decided November 5,191p5
Mr. H. H. Levoy, of Los Angeles, Calif., for the Company.
Weinstein cC Bertram, by Mr. Perry Bertram, of Los Angeles, Calif.,
for the C. I. O.
Mr. John Misterly, of Los Angeles, Calif., for the A. F. L.
Mr. Stanley B. Korengold, 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, C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Norton Brothers and Morris, Los Angeles, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice'before Maurice J.
Nicoson, Trial Examiner. The hearing was held at Los Angeles,
California, on August 8, 1945. The Company, the C. I. 0., and United
Garment. Workers of America, A. F. L., herein called the A. F. L.,
appeared and participated. All parties were afforded full opportu-
nity to be heard to examine and cross-examine witnesses, and to in-
troduce evidence bearing on the issues. 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
Benjamin C. Norton, Melville Norton, and Celia Morris are part-
ners operating a business under the firm name of Norton Brothers
and Morris. The Company is, located in Los Angeles, California,
64 N. L. R. B., No. 121.
710
NORTON BROTHERS AND MORRIS 711
where it is engaged in manufacturing and wholesaling wearing ap-
parel. During the year 1944, the Company purchased cotton, woolen,
and rayon piece goods, valued in excess of $500,000, 90 percent of
which originated outside the State of California. During the same
period the Company's sales amounted to over $700,000 in value, ap-
proximately 25 percent of which was made to points outside the State
of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TIIE ORGANIZATIONS 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.
United Garment Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain employees of the
Company until the C. I. O. has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number of
employees 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 C. I. O. seeks a unit of production employees, excluding cutters,
the maintenance mechanic, shipping clerks, office employees, and all
supervisory employees.2 The A. F. L., which currently represents
the cutters in a separate unit under contract with the Company, agrees
to the foregoing unit. The Company, however, would include cutters,
1 The Trial Examiner reported that the C. I. O. submitted 36 application for membership
cards, 32 of which bore the names of persons appearing on the Company' s pay roll of June
30, 1945 ; that the A. F. L. submitted 12 authorization cards, 11 of which bore the names
of persons appearing on the above stated pay roll ; that of the 36 cards submitted by the
C. I. 0., 1 was dated May 1945, 19 were dated June 1945, and 16 were undated ; that of
the 12 cards submitted by the A. F. L, 4 were dated May 1945, 1 was dated June 1945,
and 7 were undated ; and that there are 56 employees in the alleged appropriate unit.
2 The C. I O. has limited its membership to production workers only ; it has not admitted
to membership either maintenance mechanics or shipping employees in any of its unions.
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the maintenance mechanic, and the shipping department employees
within the appropriate bargaining unit.
Cutters: The Board has held that the cutters are a skilled and func-
tionally coherent group which may be represented in a separate bar-
gaining unit.3 Furthermore, the cutters have been bargained for on
the basis of a separate unit and are presently covered under the
A. F. L.'s contract with the Company, which does not expire until
June 30, 1946.4 We shall, therefore, exclude cutters from the bar-
gaining unit.
illaintenance mechanic: The Company employs one maintenance me-
chanic who is responsible for keeping all production machines of the
Company in proper repair. We are of the opinion, however, that a unit
confined to production employees, as sought by the petitioner, is appro-
priate, and inasmuch as the duties of the foregoing employee involve
strictly maintenance work, we shall exclude him from the unit
Shipping department employees: The Company employs two per-
sons in its shipping department; one is a shipping clerk, the other is a
packer. While we have frequently included shipping department
workers in a unit of production and maintenance employees, the unit
here sought is confined to employees directly engaged in production.
We shall, therefore, exclude the shipping department employees from
the appropriate bargaining Unit."
We find that all production employees, excluding cutters, the main-
tenance mechanic, shipping employees, office employees, and all super-
visory 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.
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 Direc-
tion.
8 See Matter of Lettie Lee, Inc, 45 N. L. R. B . 448; Matter of Crescent Dress Co., 29
N. L R B. 351.
4 See Matter of C. J. Petersen and C. F. Lytle, d/b/a Petersen & Lytle, 60 N L it. B.
1070
Matter of The Beebe Corporation, 59 N. L R. B. 538
e See footnote 5, supra
NORTON BROTHERS AND MORRIS
DIRECTION OF ELECTION
713
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 Norton Brothers
and Morris, Los Angeles, California, 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 Twenty-first Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
the Article III, Sections 10 and 11, of said Rules and Regulations,
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
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 tha
election, to determine whether they desire to be represented by Amal-
gamated Clothing Workers of America, C. 1. 0., or by United Garment
Workers of America, A. F. L., for the purposes of collective bargain-
ing, or by neither.
ME. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.