The Goodall Co.

National Labor Relations Board - Board Decisions

Dec 14, 1942

45 N.L.R.B. 1307 (N.L.R.B. 1942)

In the Matter of THE GooDALL COMPANY and UNITED GARMENT
WORKERS OF AMERICA
Case No. R-4556.-Decided December 14, 1942
Jurisdiction : garment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of Company at one of its plants, excluding all foremen, foreladies,
clerical employees, and cafeteria employees ; stipulation as to.
Mr. Thomas G. McConnell and Mr. H. M. Harton, Jr., of Knoxville,
Tenn., for the Company.
Mr. Russell Butler, of Knoxville, Tenn., for the Amalgamated.
Mrs. Sallie D. Clinebell, of Lynchburg, Va., and Mr. James P.
May"nes, of Richmond, Va., for the United.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Garment Workers of America
(A. F. of L.), herein called the United, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of The Goodall Company, Cincinnati, Ohio, herein called the Com-
pany, at its Knoxville, Tennessee, plant, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George S. Slyer, Trial Examiner. Said hearing was held at Knox-
ville, Tennessee, on November 19, 1942. The Company, the United,
and Amalgamated Clothing Workers of America, herein called the
Amalgamated, appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce 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 :
45 N. L. It. B., No. 181
1307
1308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Goodall Company, a Maine corporation, with its principal office
at Cincinnati, Ohio, is engaged in the manufacture of men's clothing.
It has plants located in Cincinnati, Ohio; Danville, Kentucky; Roa-
noke, Alabama; and Knoxville, Tennessee. Only the Knoxville plant
is-involved in this proceeding. The,Colnpany-for-merly.manufactured
men's summer clothing, but at present 75 percent of its entire produc-
tion is for the United States Army. The estimated cost of its annual
purchases outside the State of Tennessee is $4,209,393.44, and 95 percent
of the Company's manufactured products is sold outside that State.
H. THE ORGANIZATIONS INVOLVED
United Garment Workers of America, is a labor organization, affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
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.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 16, 1942, the United requested a conference
with the Company for the purpose of bargaining collectively. There-
after, on or about October 10, 1942, the United asked the Company
to reply to its i'equest of September 16. The Company replied by
letter dated October 21, 1942, that it did not think the matter of
sufficient importance to be brought to its president's attention.
A statement of the Field Examiner, introduced in evidence at the
hearing, shows that the United and the Amalgamated each represents
a substantial number of employees in tht 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 National Labor Rela-
tions Act.
I The Field Examiner reported that the United had submitted 471 signed membership
application cards, 389 dated from January 4 . to October 30, 1942, and the rest undated ;
that of the signatures thereon, all of which appeared to be genuine, 344 bore the names
of persons on the Company 's pay roll of October 27, 1942, containing a total of 1019
names within the appropriate unit
The Field Examiner also reported that the Amalgamated had submitted 397 signed
membership application cards, 393 dated from September 1941 to November 1942, and
the rest undated ; that of the signatures thereon, all of which appeared to be genuine,
197 bore the names of persons on the Company 's pay roll of October 27, 1942.
THE' GOODALL COMPANY 1309
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties;- that all
production and maintenance employees of the Company at its Knox-,
Ville plant, excluding all foremen, foreladies, clerical employees, and
cafeteria_ employees, constitute a unit appropriate for the purposes
of collective"bargaining;-within thle,meaning•of Secti'on'-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 em-
ployees 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 Direc-
tion.
DIRECTION OF ELECTION
By virtue,pf.and pursuant to the power vested in the National Labor
Relations Boald, 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 determine representa-
tives for the purposes of collective bargaining with The Goodall Com-
pany, Knoxville, Tennessee, an election by secret ballot shall be con-
ducted 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 Tenth 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 any such employees who did not work during said
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 any who have since quit or been discharged for cause,
to determine whether they desire to be represented by United Garment
Workers of America or Amalgamated Clothing Workers of America,
or by neither.