Rosenblums

National Labor Relations Board - Board Decisions

Oct 21, 1942

44 N.L.R.B. 1391 (N.L.R.B. 1942)

In the Matter of ROSENBLUMS , A CO-PARTNERSHIP CONSISTING OR J. J.
ROSENBLUM , WALTER ROSENBLUM AND MORRIS SCHwARTZ , and AMAL-
GAMATED CLOTHING WORKERS OF AMERICA , Los ANGELES JOINT BOARD,
C.I.O.
Case No. R-4340.Decided October 21, 194
Jurisdiction: garment manufacturing industry. '
Investigation and Certification , of Representatives : existence of question : re-
fusal to accord petitioner recognition ; contract terminable upon 60 days' notice
i held no bar; election necessary.
Unit Appropriate for Collective Bargaining : production employees, excluding
clerical workers and supervisors having the right to hire and discharge;,
stipulation as to.
Mr. William C. Stein, of Los Angeles, Calif., for the Company.
Messrs. A. L. Wirin and Fred Okrand, by Mr. Fred Okrand, of
Los Angeles, Calif., for the Amalgamated.
Mr. A. H. Peterson, of Los Angeles, Calif., for the United. -
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed- by Amalgamated Clothing Workers of
America, Los Angeles Joint Board, C. I. 0.,1 herein called the Amal-
gamated, alleging that a question affecting commerce had arisen con=
cerning the representation of employees of Rosenblums, a co-partner-
ship consisting of J. J. Rosenblum, Walter, Rosenblum and Morris
Schwartz,2 Los Angeles, California, herein called the Company; the.
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Daniel J. Harrington, Trial Examiner.
Said hearing was held at Los Angeles, California, on October 2, 1942.
The Company, the Amalgamated, and United Garment Workers of
America; herein called the United, appeared, participated, and were'
afforded full opportunity to be heard,, to examine, and cross-examine
witnesses, and to introduce evidence bearing on the issues.: "The ,Trial
,1 The Amalgamated was designated in the petition and other formal papers as Amalgam-
ated Clothing Workers of America , C. I O. - -
2 The Company was incorrectly designated in the formal papers as Rosenblum, Inc. ,
44 N.,L. R. B., No. 263. - ' -
1391
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Rosenblulns, a co-partnership composed of J. J. Rosenblum, Walter
Rosenblum and Morris Schwartz, is engaged in, making ladies' and
Inell's clothing at Los Angeles, California. During the year ending
June 30, 1942, the Company purchased approximately $700,000 worth
of woolen piece goods, about 90 percent of which was shipped to it
from outside the State of California. During the same period the
Company sold about $1,500,000 worth of wearing apparel.' Approxi-
mately 25 percent of such sales was to persons residing outside the
State of California..
H. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America, Los Angeles Joint
Board, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of . the
Company.
United Garment Workers of America, Local 94, is a labor organiza-
tion affiliated with.the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 14, 1942, the Amalgamated requested a conference with
the Company to discuss collective bargaining. The Company re-
plied on August 17, 1942, that it was operating under an agree-
ment with the United and declined, to meet with the Amalgamated.
The United claims that this proceeding is barred by a contract exist-
ing between it and the Company. On April 20, 1937, the Company
entefed into a contract with the United, to expire 1 year from date.
On April 21, 1938, this contract "was extended by an agreement 'pro-
viding that it "shall be extended to terminate on April 20th, 1939,
and that it shall-be automatically continued beyond said date of ex-
piration until either party, upon sixty days' notice, elects to terminate
it." There exists no further written document between the Company,
and the United, and there has been no oral renewal since_.April 20,
1939.
Since the extension agreement of -April 21, 1938, has expired, and
since the renewal provision thereof, by its terms, may be terminated
'^ ROSENBLUMS, A C04'ARTNERSHI'P 1393
upon 60 days' notice by either party, the agreement constitutes no
bar to our determination of the question concerning representation
which has arisen.3
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the Amalgamated and the United each repre-
sents a substantial number of employees in the agreed unit.4
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
We find, in accordance with a stipulation of the parties, that all pro-
duction employees, excluding-all clerical workers and supervisors hav-
ing the right to hire and discharge, 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 find that the question concerning representation which has arisen
can best be resolved by'an election by secret ballot. The parties agreed
that a current pay roll should be used to determine those eligible to vote.
We shall direct that the employees of the Company eligible to vote in
the election shall be those in the appropriate unit who were employed
during,the pay-'roll period immediately preceding the date of the Direc-
tion of Election 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 Relations Act,
and pursuant to Article III, Section 8, of National Labor 'Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives 'for the purposes of collective bargaining with Rosenblums, a
co-partnership consisting of J. J . Rosenblum , Walter Rosenblum and
' See Matter of Borman Sportswear, Inc. and Amalgamated Clothing Workers of America,
44 N. L R . B. 742, and cases cited therein
4 The Regional Director reported that the Amalgamated submitted to him 180 applica-
tion cards , 179 bearing apparently genuine, original signatures . It also submitted a peti-
tion dated August 18 , 1942 , bearing 18 apparently genuine , original signatures. Of the
total names submitted , 167 appear 'on the Company 's pay roll of August , 15, 1942, which
contains 323 names.
The United submitted 264 application cards, all bearing apparently genuine, original
signatures , and 241 bearing names on the Company's pay roll of August 15, 1942.
487498-42-vol. 44-88
1394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Morris Schwartz, 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 supervi-
sion of the Regional Director for the Twenty-first Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding any who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by Amalgamated Clothing Workers of America, Los Angeles Joint
Board, C. I. 0., or by United Garment Workers of America, Local 94,
A. F. of L., for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.