Paramount Flag Co.

National Labor Relations Board - Board Decisions

Apr 9, 1947

73 N.L.R.B. 262 (N.L.R.B. 1947)

In the Matter Of PARAMOUNT FLAG COMPANY, EMPLOYER and
WAREHOUSE UNION, LOCAL No. 6, C. I. 0., PETITIONER
Case No. 20-R-1925.-Decided April 9, 1947
Mr. Raymond H. Shone, of San Francisco, Calif., for the Employer.
Messrs. Gladstein, Andersen, Resner, Sawyer cl; Edises, by Mr. Nor-
man Leonard, of San Francisco, Calif., for the Petitioner.
Messrs. Tobriner cli Lazarus, by Mr. Edward F. Dullea, of San Fran-
cisco, Calif., for the Intervenor.
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 San Fran-
cisco, California, on January 14, 1947, before Suzanne J. Schroeder,
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
I. THE BUSINESS OF THE EMPLOYER
Paramount Flag Company, a California corporation with its prin-
cipal place of business in San Francisco, California, is engaged in the
manufacture and sale of flags and bunting. During the 6 months end-
ing October 31, 1946, it purchased raw materials, consisting princi-
pally of silk and cotton fabrics, valued in excess of $35,000, of which
more than 65 percent was shipped to the plant from points outside the
State of California. During the same period, it produced finished
products valued in excess of $90,000, of which more than 12 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. 50.
262
PARAMOUNT FLAG COMPANY
II. THE ORGANIZATIONS INVOLVED
263
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Leather & Novelty Workers' Union, Local 31, 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 Employer refuses to recognize the Petitioner as exclusive bar-
gaining representative of employees of the Employer, contending
that to do so would be in contravention of its contractual obligations
with the Intervenor. The latter argues that an existing collective
bargaining agreement with the Employer is a bar to this proceeding.
On October 23, 1946, the Employer and the Intervenor entered into,
a collective bargaining agreement covering the employees involved
herein for a term ending May 1, 1947, and from year to year there-
after unless either party should serve notice of a desire to terminate
the agreement at least 30 days before any anniversary date. Inas-
much as this agreement may be terminated in approximately 1 month
from the present time, we find that it is not a bar to this proceeding.)
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
production and maintenance employees of the Employer, excluding
office and clerical employees, and all supervisory employees with au-
thority 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.2
DIRECTION OF ELECTION 3
As part of the investigation'to ascertain representatives for the
purposes of collective bargaining with Paramount Flag Company,
San Francisco, California, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
I Matter of California Metal Trades Association , et al., 72 N. L. R B . 624, Matter of
Clark Bros . Co., Inc., 66 N. L. R. B. 849.
2 This unit is identical with that presently represented by the Intervenor.
f Any participant in the election herein may , upon its prompt request to , and approval
thereof by , the Regional Director , have its name removed from the ballot.
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of this Direction, under the direction and supervision of
the Regional Director for the Twentieth 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 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 in-
^cluding employees in the armed forces of the United States who pre-
sent 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 election, to determine
whether they desire to be represented by Warehouse Union, Local
No. 6, C. I. 0., or by Leather & Novelty Workers' Union, Local 31,
A. F. L., for the purposes of collective bargaining, or by neither.
CHAIRMAN HERzoG took no part in the consideration of the above
Decision and Direction of Election.