Shane Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 5, 1942

45 N.L.R.B. 1101 (N.L.R.B. 1942)

n the Matter of SHANE MANFACTURING COMPANY and INTERNA-
TIONAL LADIES' GARMENT WORKERS' UNION
Case No.. R-4545.Decided December 5, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of 'Representatives : existence of question : re-
fusal to recognize petitioner ; election necessary.
Unit Appropriate for Collective Bargaining : all machine operators , cutters, In-
spectors , utility stitching room employees , and floor girls , excluding watchmen,
shipping and packing clerks, janitors , machinery repairmen , timekeepers,
office clerical, executive and supervisory employees , no dispute as to.
Mr. Isidor Kahn, of Evansville, Ind., for the Company.
Mr. Morris J. Levin, of St. Louis, Mo., for the Union.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
L
STATEMENT OF THE CASE
Upon petition duly filed by International Ladies' Garment Work-
ers' Union, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Shane Manufacturing Company, Evansville, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Arthur R. Donovan,
Trial Examiner. Said hearing was held at Evansville, Indiana, on
November 16, 1942. The Company and the Union appeared, par-
ticipated, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Shane Manufacturing Company is an Indiana corporation engaged
in the manufacture of canteen covers , ax carriers , and cot covers for
45 N. L R . B., No. 158.
1101
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the United States Army, painter's floor cloths, clothing bags, garment
bags, and shoulder covers. It is estimated that 90 percent of the
Company's present production consists of war materials. In normal
times, the Company used raw materials, consisting of cotton duck and
cotton drill, duck- and cotton web, laminated marquisette, fabricord,
and miscellaneous hardware, valued at approximately $60,000, of
which approximately 75 percent was received from points outside the
State of Indiana. In normal times, the Company's gross sales
amounted to approximately $100,000, of which approximately 75 per-
cent was shipped to points outside the State of Indiana.
We find that the Company is engaged-in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers' Union is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union requested that the Company recognize and- bargain col-
lectively with it on behalf-of the employees in the -unit claimed by, the
Union as appropriate. The Company refused to do so.
A statement of -the Regional Director, introduced into evidence,
shows that the Union represents a substantial number of the 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 Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends, and the evidence supports its contention, that
all machine operators, cutters, inspectors, utility stitching room
employees, and floor girls, excluding watchmen, shipping and packing
clerks, janitors, machinery repairmen, timekeepers, office clerical,
executive, and supervisory employees, constitute an appropriate unit.
The Company stated no definite position in regard to the unit.
We find that all machine operators, cutters, inspectors, utility stitch-
ing room employees, and floor girls, excluding watchmen, shipping
and packing clerks, janitors, machinery repairmen, timekeepers, office
'The Regional Director reported that the Union submitted 66 authorization cards
Fifty-three of the cards bore names which appeared on the Company 's pay roll of October
33, 1942, containing 120 names , and were dated as follows : August 1942, 1; September
3942, 32; October 1942, 17 ; November 1942, 1; and undated,'1 . All of the signatures
affixed to the cards appeared to be genuine original signatures.
SHANE MANUFACTURING COMPANY 1103
clerical , executive , and supervisory employees , constitute a unit appro-
priate 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 means of an election by secret ballot. The
Union requested -that eligibility to vote be determined by a pay roll
as of the date of the filing of its petition . The Company contends
that a current pay roll should be used for the purpose . In the absence
of any reason for departure , we shall follow our usual practice, and
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
Direction of Election herein , subject to the limitations and additions
set forth in the Direction.
DIRECTION OF ELECTION
k
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 Rela-
tions 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 Shane Manufactur-
ing Company , Evansville , Indiana, 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 Eleventh Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article
III, Section 10, 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 such pay-roll
period because they were ill or on vacation or, in the active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Ladies' Garment Workers' Union, for the purposes of col-
lective bargaining.