S. J. Campbell Co.

National Labor Relations Board - Board Decisions

Jul 9, 1945

62 N.L.R.B. 1197 (N.L.R.B. 1945)

In the Matter of S. J. CAMPBELL COMPANY and UNITED GARMENT WORK-
ERS OF AMERICA , A. F. OF L.
Case No. 9-R-1755.-Decided July 9, 1945
Messrs. Neville Moore and Bruce Campbell, of Madisonville, Ky., for
the Company.
Mr. Charles M. Elder, of Louisville, Ky., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Garment Workers of America,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of S. J.
Campbell Company, Corbin, Kentucky, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before Herbert J. Nester, Trial Examiner. Said hearing was
held at Corbin, Kentucky, on May 29, 1945. The Company and the Union
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 Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
S. J. Campbell Company is an Illinois corporation operating a plant at
Corbin, Kentucky, where it is engaged in the manufacture of aviator flying
suits and parachute accessories . The Company annually purchases raw
materials valued in excess of $100,000, 70 percent of which is shipped to
62 N. L. R. B., No 157.
1197
1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it from points outside the State of Kentucky. During the same period,
the Company manufactures products valued in excess of $500,000, all of
which is sold to the United States Government.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Garment Workers of America is a labor organization affiliated
with the American Federation of Labor, admitting to membership employ-
ees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 3, 1945, the Union requested the Company to recognize it
as exclusive collective bargaining representative of the Company's employ-
ees. The Company refused this request until such time as the Union is
certified by the Board.
A statement of a Field Examiner of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all employees
of the Company at its Corbin, Kentucky, plant, including maintenance
mechanics, shipping department employees, janitress, janitor, and guard,'
but excluding clerical employees and 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 mean-
ing 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 means of an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-roll
period immediately preceding tht date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
1 The Field Examiner reported that the Union presented 152 membership application cards. There
are approximately 297 employees in the appropriate unit
4 The guard is neither militaruced nor deputized.
S. J. CAMPBELL COMPANY 1199
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 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 representatives
for the purposes of collective bargaining with S. J. Campbell Company, Cor-
bin, Kentucky, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Ninth 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 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 vaca-
tion 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 any 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 United Garment Workers
of America, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.
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