63 N.L.R.B. 118 (N.L.R.B. 1945)

Reliance Manufacturing Co.

National Labor Relations Board - Board DecisionsAug 3, 1945

63 N.L.R.B. 118 (N.L.R.B. 1945)

0 In the Matter of RELIANCE MANUFACTURING COMPANY, PLANTATION PLANT and AMALGAMATED CLOTIIING WORKERS OF AMERICA, C. I. O. Case No. 15-R-1395.-Decided August 3, 1945 Mr. Sam Manaccus, of Chicago, Ill., for the Company. Mr. E. W. Witt, of Carrollton, Ga., for the Union. Mr. Harold M. Humphreys, 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 Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Reliance Manufacturing Company, Plantation Plant,' Montgomery, Alabama, herein called the Company, the National La- bor Relations Board provided for an. appropriate hearing upon due notice before Lawrence H. Whitlow, Trial Examiner. Said hearing was held at Montgomery, Alabama, on July 6, 1945. The Company and the Union appeared and participated.2 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce 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 Reliance Manufacturing Company, with principal offices in Chi- cago, Illinois, operates a plant in Montgomery, Alabama, called the i All formal papers were amended to show the name of the Compar y as appears above. 2 United Garment Workers of America, A. F. L, was duly served with notice of hearing but failed to appear 63 N. L.' R. B., No. 15. 118 RELIANCE MANUFACTURING COMPANY 119 Plantation Plant, with which we are solely concerned. The Com- pany conducts this operation under the trade name of its wholly owned subsidiary, Southland Manufacturing Company. At this plant the Company manufacturs all types of work shirts, 45 percent of which is sold directly to the United States Government. During the year 1944, raw materials purchased by the Company at its Plantation Plant amounted in value to more than $250,000, of which approximately 90 percent was shipped to it from points outside the State of Alabama. During the same period, the total value of finished products manu- factured at this plant was in excess of $350,000, of which approxi- mately 90 percent was shipped to points outside the State of Alabama. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION 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. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate .3 We find that a question affecting commerceÂ°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 In substantial accordance with the agreement of the parties and upon the entire record, we find that all production and maintenance employees at the Company's Plantation Plant, Montgomery, Alabama, excluding clerical employees, foreladies, foremen, superintendents, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. I The Field Examiner reported that the Union submitted 222 membership cards, and that ,the alleged appropriate unit consists of approximately 250 employees . The Field Examiner also reported that no check was made against a pay roll since the Company did not submit one. 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Elec- tion herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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 Reliance Manu- facturing Company, Plantation Plant, Montgomery,, Alabama, 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 Fif- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found ap- propriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees who did not work during the said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and includ- ing 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 election, to determine whether or not they desire to be represented by Amalgamated Clothing Work- ers of America, C. I. 0., for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.