Shreve and Co.

National Labor Relations Board - Board Decisions

Apr 24, 1944

55 N.L.R.B. 1487 (N.L.R.B. 1944)

In the Matter of SHREVE AND COMPANY and JEWELRY WORKERS UNION
No. 36, INTERNATIONAL JEWELRY WORKERS UNION , A. F. L.
Case No. 20-R-969.-Decided April 24,1944
Messrs. Burnham Emerson and Gerald H. Trautman, of San Fran-
cisco, Calif., for the Company.
Messrs. George F. Alder and Leonard Allen, and Mrs. Bella Aaron,
of San Francisco, Calif., for the Union.
Mr. William Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Jewelry Workers Union No. 36, Inter-
national Jewelry Workers Union, A. F. L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Shreve and Company, San Francisco,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Gerald P. Leicht, Trial Examiner. Said hearing was held at San
Francisco, California, on March 17, 1944. The Company and the
Union appeared and participated. 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
I. THE BUSINESS OF THE COMPANY
The Company, a California corporation, owns and operates at San
Francisco, California, a retail jewelry store and a factory where it man-
ufactures jewelry, silver pieces, leather, and wooden goods, stationery
and related items. The output of the factory is largely for the inven-
55 N. L. R. B., No 275.
1487
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tory of the retail store, being carried on the Company's books as "pur-
chases" from the factory although no money is transferred. The
balance of the factory output is made on individual orders received
at the store, and is sent to the store for delivery. While the factory
has a superintendent in charge of production, the policy and overall
direction of the factory and store are vested in the Company's vice
president whose office is located at the store.
During 1941 the raw materials for use in the factory were purchased
locally; they consisted of precious metals, leather, and wood and were
valued at approximately $42,000. The entire factory production dur-
ing 1941, valued at approximately $170,000, was sold to the retail store;
of this merchandise, articles valued at approximately $35,000 were
subsequently sold and shipped by the retail store to points outside the
State. In other years some of the merchandise was manufactured at
the factory on orders received at the store, some of which came from
outside the State. During 1941 the retail store purchased, for resale,
merchandise valued in excess of $300,000 from points outside the State;
it sold and shipped to points outside the State merchandise valued
at approximately $135,000. Since August 1942 the Company manu-
factured merchandise at its factory as a subcontractor for Hammond
Aircraft Company which holds defense contacts. During 1943 the
value of such work done at the factory was approximately $9,000.
It is clear that while the Company's larger operation is that of
retailing, the factory is an integral part of its business. The opera-
tions are so interrelated as to require them to be considered as parts
of one business. A stoppage of work at the factory would have serious
repercussions in the retail store. Moreover, even if the factory were
to be considered as a separate business, a substantial amount of its
manufactured merchandise is sold and shipped to points outside the
State.
We find that the Company, whether its operations at the factory be
considered separately or together with the store as one business, is
engaged in commerce within the meaning of the National Labor Rela-
tions Act. The Company's motion to dismiss for lack of jurisdiction
is therefore denied.
II. THE ORGANIZATION INVOLVED
Jewelry Workers Union No. 36 , International Jewelry Workers
Union, affiliated with the A. F. of L., is a labor organization admitting
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 its jewelry mechanics until
the Union has been certified by the Board in an appropriate unit.
SHREVE AND COMPANY 1489
A stateillent of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 seeks a unit consisting of all jewelry mechanics working
on precious metals, exclusive of supervisory employees. The Com-
pany took no position with respect to the unit. The unit sought is
a well-defined and homogeneous craft group of jewelry mechanics
consisting of jewelers, polishers, and setters. They are employed in
the jewelry department in a separate room in the Company's factory
which employs a total of 37 workers. The supervisory personnel of
these mechanics is distinct and exclusive. There is no interchange
of employees between the jewelry department and other departments
of the factory. The jewelry mechanics are highly skilled and their
trade requires a lengthy apprenticeship. All work on an hourly basis
and are paid a different.rate of pay than other employees in the fac-
tory. The Union's jurisdiction is limited solely to jewelry mechanics,
and the record shows that such a craft unit as is here sought is common
in the industry and in the locale.
We find that all jewelry mechanics working on precious metals,
but excluding all supervisory employees with authority to hire, pro-
mote, 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 an election by secret ballot among the
employees 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
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
1 The Field Examiner reported that the Union submitted one card, dated November 24,
.JA4., which bore appaiently genuine original signatures of four employees; and that said
card contained the names of all employees in the appropriate unit as of February 22, ]944
578128-44-vol 55-:15
1490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Re-
lations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Shreve and
Company, San Francisco, 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 supervision
of the Regional Director for the Twentieth 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 vacation 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 those employees who have since quit or been dis-
charged 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 Jewelry Workers Union, Local 36 for the purposes
of collective bargaining.
i