Smith Brothers Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1331 (N.L.R.B. 1943)

In the Matter of SMITII BROTHERS MANUFACTURING COMPANY and
AMALGAMATED CLOTHING WORKERS OF AMERICA, AFFILIATED WITH
TIIE C. I. O. '
Case No. R-4715.-Decided January 03, 1943
Jurisdiction : garment manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to recognize either union until either is' certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : all production workers employed
at one plant of the, Company, excluding office personnel, foremen, assistant
foremen, foreladies, assistant foreladies, shipping clerks, machinists, janitors,
and watchmen ; agreement as to.
Messrs. John H. Flanigan, of Carthage, Mo., and 0. E. Vawter and
Willard E. Smith, both of Webb City, Mo., for the Company.
Mr. Richard Brazier, of St. Louis, Mo., for the C. I. O.
Mrs. Dorothy Kephart, of Joplin, Mo., for the A. F. L.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Clothing Workers of
America, affiliated with the C. I. 0., herein called the C. I. 0., alleging
that 'a, question affecting commerce had arisen concerning the repre-
sentation of employees of Smith Brothers Manufacturing Company,
Webb City, Missouri, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing'upon due no-
tice before Clarence D. Musser, Trial Examiner. Said hearing was
held at.Joplin,,Missouri, on December 30, 1942. '.'The Company, the
C. I. 0., and United Garment Workers of America,- herein called
the A. F.' L., appeared, participated, and, were afforded full oppor-
tunity 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.
46 N. L R. B., No. 164. -
1331
1332 DEICISIONS OF, NATIONAL LABOR RELATIONS BOARD
Upon the entire )record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY -
- Smith Brothers Manufacturing Company, a Missouri corporation,
with its principal office at Carthage, Missouri , and with plants in
Carthage , Webb City, St. Joseph , and Neosho , Missouri , is engaged
in the manufacture , sale, and distribution of men's work clothes and
in the manufacture of garments for the United States Navy. We
are concerned with the Company 's plant at Webb City , Missouri.
During the year 1941 the materials used at the Webb City plant
exceeded $180,000 in value, 80 percent of which was purchased by the
Company and shipped to the plant from points outside the State of
Missouri . During the same period , the sales of finished products from
the Webb City plant exceeded $300,000 in value, 80 percent of which
was shipped , to points outside the State of Missouri . The Company
admits thiit it is engaged in commerce within the meaning of the
National Labor Relations Act.,
II. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America is a labor organiza-
tion, affiliated with the Congress 'of Industrial Organizations, ad-
mitting to membership employees of the Company.
United Garment Workers of America, Local 279, is a labor organi-
zation affiliated with the 'American Federation of Labor, admitting
to membership employees of the Company.
'III. THE ' QUESTION'S CO'NCERNIN G REPRESENTATION
The Company refuses to recognize either the C. I. O. or the
A. F. L. until such time as either is, certified by the Board.
A statement of the Field Examiner, introduced into evidence-at
the hearing, indicates that the C. I., O. and the A. F. L. each rep-
resents' a substantial number of employees in the unit hereinafter,
found appropriate.' ,
1 The Field Examiner reported that the C I 0 submitted 159 application cards bearing
apparently genuine original signatures ; 145 of the names on these cards appeared on the
Company' s pay roll of December 18, 1942, which contained 217 names in the appropriate
unit ' The A F• L submitted 121 authorization cards bearing apparently genuine original
signatures , 80 of the names ' thereon appearing on the Company' s pay roll of the above date. -
Fifty- two names appear on the cards of'both the C. 1. 0 and the A. F L. - ' -
SMITH BROTHERS MANUFACTURING COMPANY 1333
We find that a question affecting commerce has arisen concerning
the representation' of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. -THE APPROPRIATE UNIT
In accordance with an agreement of the parties,2 we find that all
production workers employed by the Company at its Webb City
plant, excluding office personnel, foremen, assistant foremen, fore-
ladies, assistant foreladies, shipping clerks, machinists, janitors, and
watchmen, constitute a unit appropriate 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 -can best 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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, - as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Smith Brothers
Manufacturing Company, Webb City, Missouri, 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 Seventeenth Re-
gion, acting in this matter as agent for the-National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Reg-
ulations, 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 any such,
employees who did not work during said. pay-roll period because they
2 At the hearing , the A. F. L. sought to include machinists and shipping clerks within
the appropriate unit. However , by letter to the Board , dated January 2, 1943, it agreed
to exclude machinists and shipping clerks, and accepted the unit proposed by the C. I. O.
1334 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause, to determine whether they desire to
be represented by Amalgamated Clothing Workers of America, af-
filiated with the Congress of Industrial Organizations, or by United
Garment Workers of America, Local 279, affiliated with the American
Federation of Labor, for the purposes 'of collective bargaining, or
by neither.
1