Sidney Blumenthal & Co., Inc.

National Labor Relations Board - Board Decisions

Apr 6, 1939

12 N.L.R.B. 108 (N.L.R.B. 1939)

In the Matter of SIDNTY BLUMENTHAL & CO., INC. and TEXTILE
WORKERS ORGANrZING COAIMi'I I'EE
Case No. R-1299.Decided April 6,1969
Textile Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees : refusal by employer to have
union cards checked against pay roll by State and Federal Labor Agencies
authorizing union to act as bargaining agent-Unit Appropriate for Collective
Bargaining : production and maintenance employees , excluding clerical and
supervisory employees , lead men, foremen , watchmen , technical and pro-
fessional employees , truck drivers , and mechanics ; agreement as to-Election
Ordered-Certification, of Representatives.
Mr. Millard L. Midonick, for the Board.
Porter & Taylor, by Mr. F. C. Taylor, of New York City, for the
Company.
Mr. John J. Abt, of New York City, for the T. W. O. C.
Mr. Roscoe L. Barrow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 4, 1938, Textile Workers Organizing Committee,
herein called the T. W. O. C., filed with the Regional Director for
the Second Region (New York City) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Sidney Blumenthal & Co., Inc., herein called the
Company, in the Company's plant at Shelton, Connecticut, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On January 30, 1939, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Re-
lations Board Rules and Regulations-Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
12 N. L. It. B., No. 13.
108
SIDNEY BLUMENTHAL & CO., INC. 109
On February 16, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served on the Company and the
T. W. O. C. Pursuant to the notice a hearing was held on February
28 and March 1, 1939, at Shelton, Connecticut, before Charles E.
Persons, the Trial Examiner duly designated by the Board. The
Board, the Company, and the T. W. O. C. were represented by
counsel; all participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed the rulings of the Trial Examiner, and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a New York corporation which maintains fac-
tories, warehouses , or branch offices in several States. It is engaged
in the manufacture , sale, and distribution of pile fabrics . The prin-
cipal raw materials used in the manufacture of pile fabrics are mo-
hair , wool , cotton, sills , and rayon . The Company has about 1,000
trade-marks , many of which are registered with the Federal Govern-
ment for use in interstate commerce.
At the Shelton, Connecticut , plant, which is the only one involved
in this proceeding , weaving, dyeing , finishing, and printing of pile
fabrics is done. Of approximately 2,000,000 pounds of textile fabrics
purchased by the Company during the last 6 months of 1938, nearly
100 per cent were shipped from points outside of Connecticut to the
Shelton plant . During this salve period , of approximately 3,000,000
yards of pile fabrics manufactured at the Shelton plant, nearly 100
per cent were shipped to points outside of Connecticut . The parties
have stipulated that the Company is engaged in commerce within the
meaning of Section 2 ( 6) of the Act.
In November 1938 the employees of the Shelton plant numbered
1,160, of whom approximately 970 were production and maintenance
employees.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership all production and maintenance employees of the Com-
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany, excluding supervisors , foremen, foreladies , billing clerks, clerks,
professional and technical employees , watchmen , truck drivers, and
mechanics.
ITT. TIIE QUESTION CONCERNING REPRESENTATION
In 1937 the T. W. O. C. began to organize the employees of the
Shelton plant. In September 1938 it claimed that a majority of the
employees had designated the T. W. O. C. as bargaining repre-
sentative, and a conference was had with officials of the Company.
The T. W. O. C. agreed to let the Deputy Commissioner of Labor of
Connecticut and a conciliator from the United States Department
of Labor check the pay roll against the cards authorizing the
T. W. O. C. to act as bargaining agent, but this was not agreeable
to the Company. On November 4, 1938, the T. W. O. C. filed its
petition herein.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF TILE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing it was agreed that the appropriate unit should be
plant-wide, consisting of production and maintenance employees, ex-
cluding supervisors, foremen, foreladies, clerks, billing clerks, pro-
fessional and technical employees, watchmen, truck drivers, and
mechanics.
During the hearing there was controversy as to the status of cer-
tain lead men in the Finishing Department, certain clearical workers
and certain workers in the "M. S. R. & Shipping Department" whose
duties were partially clerical, and certain dispatch clerks in the
Finishing, Piece Dye, Paddle Dye and Drug Room, and Weaving
Departments. However, at the conclusion of the hearing the parties
agreed that the lead men were supervisory employees and that the
disputed clerks, who were employed in production departments, were
in the same category as clerks in clerical departments. It was also
SIDNEY BLUMENTHAL & CO., INC. 111
agreed that the disputed workers in the "M. S. R. & Shipping De-
partment" were to be excluded. We see no reason for disturbing
this agreement ; the above-described employees will be excluded.
No agreement was reached as to the status of Charles DeWitt.
DeWitt is a grinder in the Finishing Department. The Company
desires his inclusion and the T. W. 0. C. his exclusion. The record
shows that DeWitt tells the men under him when and when not to
report for work and works with them in a supervisory capacity. We
shall exclude him from the unit.
We find that the production and maintenance employees of the
Shelton plant, excluding clerical and supervisory employees, lead
men, foremen , foreladies, watclunen, technical and professional em-
ployees, truck drivers, and mechanics, constitute a unit appropriate
for purposes of collective bargaining and that said unit will insure
to employees of the Company the full benefit of the right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. TILE DE'I'ERMINA'1'ION OF REPRESENTATIVES
The T. W. 0. C. claims to represent a majority of the employees
in the unit found appropriate. It did not offer proof of this claim
at the hearing, however, and asked for an election by secret ballot.
We find that an election by secret ballot will best resolve the question
concerning representation. The parties stipulated at the hearing that
the eligibility of employees to vote in an election should be deter-
mined by the Company's consolidated pay roll for the period from
August 5 to November 4, 1938, inclusive. The parties further agreed
that employees who have voluntarily left the Company's employ or
who have been discharged for cause since November 4, 1938, should
be excluded. No reason appearing for departing from these eligi-
bility provisions, we shall follow them in our Direction of Election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Sidney Blumenthal & Co., Inc., at its
Shelton, Connecticut, plant, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Shelton plant,
excluding clerical and supervisory employees, lead men, foremen,
foreladies, watchmen, technical and professional employees, truck
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
drivers, and mechanics, constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
DIRECTION OF ELECTION
By virl uo of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives of employees at the Shelton, Connecticut,
plant of Sidney Blumenthal & Co., Inc., for the purposes of col-
lective bargaining, an election by secret ballot shall be conducted
within fifteen (15) days from the date of this Direction of Election
under the direction and supervision of the Regional Director for the
Second Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all the production and maintenance em-
ployees whose names appear on the Company's consolidated pay roll
for the Shelton, Connecticut, plant from August 5 to November 4,
1938, inclusive, excluding clerical and supervisory employees, foremen,
foreladies, watchmen, technical and professional employees, truck
drivers, and mechanics, and all employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Textile Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
May 12, 1939
On April 6, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding. The Direction of Election provided
that an election by secret ballot be conducted within fifteen (15)
days from the date of the Direction among all the production and
maintenance employees of Sidney Blumenthal & Co., Inc., whose
names appear on the Company's consolidated pay roll for the Shelton,
Connecticut, plant from August 5 to November 4, 1938, inclusive,
SIDNEY BLUNIENTHAL & CO., INC. 113
excluding clerical and supervisory employees, foremen, foreladies,
watchmen, technical and professional employees, truck drivers, and
mechanics, and all employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Textile Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 19, 1939, under the direction and supervision
of the Regional Director for the Second Region (New York City).
On April 21, 1939, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, issued an Intermediate Report on the
election, copies of which were duly served upon the parties. No
objections or exceptions to the Intermediate Report have been filed
by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote______________________________ 1,063
Total number of ballots cast ______________________________ 934
Total number of ballots counted-- _______________________ 916
Total number of votes in favor of Textile Workers Organiz-
ing Committee , C. I. O_________________________________ 654
Total number of votes against afore-mentioned union -------- 262
Total number of blank votes______________________________ 0
Total number of void ballots_______________________________ 1
Total number of challenged votes __________________________ 17
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that Textile Workers Organizing Commit-
tee, affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of the production and mainte-
nance employees of Sidney Blumenthal & Co., Inc., excluding clerical
and supervisory employees, foremen, foreladies, watchmen, technical
and professional employees, truck drivers, and mechanics, as their
representative for the purposes of collective bargaining and that,
pursuant to the provisions of Section 9 (a) of the Act, Textile Work-
ers Organizing Committee, affiliated with the Congress of Industrial
Organizations, is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.
12 N L. R. B., No. 13a.