Sire-Schindel

National Labor Relations Board - Board Decisions

Jul 7, 1945

62 N.L.R.B. 1189 (N.L.R.B. 1945)

In the Matter of SIDELL SIRE , LEONARD SIRE AND JENNIE SCHINDEL,
D/B/A SIRE-SCHINDEL and INTERNATIONAL LADIES GARMENT WORKERS
UNION, A. F. L.
Case No. 5-R-1896.-Decided July 7, 1945
Mr. Don A. Walser, of Lexington, N. C.. for the Company.
Mrs. Joe Lee Myers, of Chattanooga, Tenn., for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Ladies Garment
Workers Union, A. F. L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of employees
of Sidell Sire, Leonard Sire and Jennie Schindel, d/b/a Sire-Schindel,
Salisbury, North Carolina, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice be-
fore George L. Weasler, Trial Examiner. Said hearing was held at Salis-
bury, North Carolina, on May 9, 1945. 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 evi-
dence 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:
44
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sire-Schindel is a copartnership with its only plant located in Salisbury,
North Carolina, where it is engaged in the manufacture of chenille trimmed
toys. During the past year, it purchased raw materials, consisting of cotton
62 N. L. R. 13, No. 155.
1189
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cloth, chenille cloth, and cotton stuffing and amounting to more than $75,000
in value, of which approximately 85 percent came from sources outside
the State of North Carolina. In the same period, it sold finished products
valued at more than $169,000, of which approximately 95 percent was
shipped to points outside the State.
The Company admits, and we find, that it is engaged in commerce within
the meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
international Ladies Garment Workers Union, affiliated with the Ameri-
can Federation of Labor, 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 exclu-
sive bargaining representative of its production and maintenance employees
until the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, 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 Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act. -
IV THE APPROPRIATE UNIT
The Union desires a unit composed of the Company's production and
maintenance employees, with certain specified inclusions and exclusions
The Company is in substantial agreement with the composition of the unit
sought except that it would also include the cutter and the part-time "gen-
eral employee" and exclude the production employees recently upgraded
to the position of forelady.
The Company employs one cutter who cuts the materials into various
shapes ; she is hourly paid like the other production workers, but receives
30 cents more per hour than they do. Although her work is generally not
of a supervisory nature, she has, on occasion, acted as forelady in the
absence of a regular forelady. The Unicdti considers her an assistant fore-
lady and would exclude her from the unit in view of her exercise of super-
visory authority when replacing a forelady. We have frequently held that
the fact that an employee occasionally substitutes for a supervisor is not
enough to place such employee in that category.' In our opinion, the occa-
i The Field Examiner reported that the Union submitted 50 membership and authorization cards,
that there are 59 employees in the appropriate unit, and that, of these cards , 48 were dated in March
1945 and 2 in April 1945
2Matte, of Puget Sound Navigation Company, 61 N L R 11 1090, Matter of co;)) Piodurls
Refining Company, 56 N L R B 1140.
SIRE-SCHINDEL 1191
sional supervisory activity of the cutter does not differentiate her from the
production employees. Accordingly, we shall include her in the unit.
The Company has two employees classified on its pay roll as general
employees. One of them works full time while the other works 2 hours a
day and has been doing so regularly for several years. The parties agree
to include the regular full-time general employee, but are in disagreement
as to the one working part time, the Union desiring to exclude her.' The
Union's reason for excluding this employee appears to be that she works
such short hours. However, since it is clear that she is a regular part-time
production worker, we are of the opinion that the interests of the regular
part-time general employee in bargaining collectively in the same unit with
production and maintenance employees are similar to those of the regular
general employee. We shall include both these employees in the unit.
The Company employs five foreladies, three of whom the Union would
include in the unit since they have been promoted to the rank of forelady
recently ;' both parties would exclude the other two foreladies as supervisory
employees." All the foreladies perform no actual production work, but devote
their entire time to general supervisory duties, they keep production rec-
ords of the individual workers ; and although they have no authority to
hire or discharge employees, they make effective recommendations as to
the hiring and discharging of employees working under them. Since the
duties of all foreladies are similar and since the promotions of the three
foreladies over whom the parties disagree are of a permanent nature, we
see no reason for differentiating among them. Accordingly, since the fore-
ladies are supervisory employees within our customary definition of that
term, we shall exclude them from the bargaining unit.
We find, in accordance with the agreement of the parties and our fore-
going determinations, that the Company's production and maintenance
employees, including employees in the shipping department," operators,
stuffers, finishers, turners, porters, general employees,' and the cutter, but
excluding clerical employees, executives, foreladies, and all other super-
visory employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
8 Cora 'Peller.
* M. Graham, D . Hamilton, and M. McCullough.
" M. Leonard and A. Rimer.' '
0 Although the shipping department is presently not in operation , the parties are in agreement that
the employees who usually do the wrapping , packaging , and shipping have been temporarily laid off
and will be taken back as soon as there is need for them . We shall, therefore , include the shipping
department employees in the unit.
7Including Cora Peeler.
1192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETER`IINATION OF REPRESENTATIVES
At the hearing, the Union requested that the pay roll of March 28, 1945,
be used to establish eligibility in any election which the Board may direct
for the reasons that (1) the upgrading of production employees to fore-
ladies occurred after that date and (2) there had been a curtailment of
operations after March 28, 1945. As to the first reason urged, we perceive
no reasonable basis for changing our eligibility date so as to permit em-
ployees, otherwise ineligible, to vote in the election. As to the other ground, -
the record indicates that, although some departments are working less than
a full week, there has been no substantial reduction in the Company's per-
sonnel. Accordingly, since no sufficient reason appears for deviating from
our usual practice in selecting a date for the purposes of eligibility, we shall
direct that the question concerning representation which has arisen be
resolved by an election by secret ballot among the employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to the limita-
tions and additions set forth in the Direction 8 We note that the parties have
agreed that those employees in the shipping department who are in the
appropriate unit and are carried on the Company's pay roll as temporarily
laid off,' should vote in the election. This agreement embodies the Board's
usual practice in such cases and we shall honor it.
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 Sidell Sire, Leonard Sire and
Jennie'Schindel, d/b/a Sire-Schindel, Salisbury, North Carolina, an elec-
tion 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 Fifth 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 the said pay-roll
period because they were ill or on vacation or temporarily laid off, and
8 The Union 's request that it be designated on the ballot as International Ladies Garment Workers
Union, American Federation of Labor, as hereby referred to the Regional Director for determination.
9 Ruth Kincaid , Hilda Glover , Frances Cook, and Thelma Kimble.
SIRE-SCHINDEL 1193
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 discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not they
desire to be represented by International Ladies Garment Workers Union,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.