The Sterling Co.

National Labor Relations Board - Board Decisions

Apr 23, 1943

49 N.L.R.B. 50 (N.L.R.B. 1943)

In the Matter of THE STERLING COMPANY and INTERNATIONAL LADIES
GARMENT WORKERS UNION5 LOCAL No. 328, AFFILIATED WITH THE
AFL
Case No. R-5134.Decided April 23,1943t
Mr. Paul Y. Davis, of Indianapolis , Ind., for the Company.
Messrs. Kenesaw M. Landis and Robert T. Miller, both of Logans-
port, Ind., for the Union. ,
Mr. Joseph A. Noel, of Kokomo, Ind., for the Association.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Ladies Garment Workers
Union, Local No. 328, affiliated with the A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Sterling Company,
Kokomo, Indiana, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
;before Robert D. Malarney, Trial Examiner. Said hearing was held
at Kokomo, Indiana, on April 7, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. At the hearing, the Square Deal Associa-
tion, herein called the Association, made a motion to intervene, which
notion was denied by the Trial Examiner. We are of the opinion that
the Association made a sufficient showing, of representation for the
purposes of intervention,' and accordingly we shall reverse this ruling
and we shall permit the Association to appear upon the ballot in the,
election ordered herein. With the exception of the above, the Trial
Examiner's ruling 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 :
1 See footnote 2, Infra.
49 N. L R . B., No. S.
50
THE, S'TERIJING COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
51
Reliance Manufacturing Company, an Illinois corporation with its
principal office in Chicago, operates 16 plants for the manufacture of
clothing. Among these is included a plant located at Kokomo,
Indiana, known as the plant of The Sterling Company, with which
we are concerned herein. The Company is normally engaged in the
manufacture of ladies' dresses, but at the present time approximately
45' percent of,its products consists of field jackets and hospital gar-
ments for the United States Army, and the remainder of its present
production is ladies' work clothes and dresses. All of the raw ma-
terials used by the Company during the past year were shipped to it
from points outside the State of Indiana. During the same period
at least 85 percent of its production was shipped to points outside the
State of Indiana. The dollar volume of sales of the plant during the
past year was approximately $1,750,000. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Ladies Garment Workers Union, Local No., 328, is a
labor -organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company:
Square Deal Association is an unaffiliated labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any labor organization without
certification by the Board.
Statements of the Field Examiner and the Trial Examiner indicate
that the Union and the Association each 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.
2 The Field Examiner reported that the Union submitted 3S7 application cards bearing
apparently genuine original signatures , of which 152 contain names appealing on the
Company's pay roll of January 19, 1943 This pay roll contained 403 names . The Trial
Examiner reported that the Union submitted at the hearing 15 additional application
cards containing apparently genuine original signatures , of which 14 contained the names
of persons appearing upon the Company's pay roll of March 26, 1943 The Trial'Examiner
further reported that the Association submitted petitions containing 75 apparently
genuine original signatures , of which 68 are the names of persons appearing upon the
Company 's pay roll of March 26, 1943.
531647-43-vol. 49-5 -
d
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE-APPROPRIATE U IT
The, Company and the-Union agree that all production employees of
the Company, including watchmen, janitors, and firemen, should be
included within the appropriate unit, and that the matron, the first-,
aid girl, and supervisory and clerical employees should be excluded.
The Union, in addition, seeks to include within the unit a group of
three mechanics whom the Cbmpany'would exclude. The record indi-
cates that the mechanics keep the machines used by the production
workers in good repair. They are paid on a salary basis whereas the'
production employees are paid on an hourly or piece-work basis, and
their incentive pay is computed on a different basis. While the me-
chanics are not supervised by the-same officials as production employees
and in general are not affected by seasonal fluctuations in employment,
it is'clear that their work is closely related to that of the production
employees. The Union accepts the mechanics for membership. Fur-
thermore, we have heretofore included mechanics in a production and
maintenance unit in a previous proceeding involving another plant
belonging to the Reliance Manufacturing Company, the owner of the
plant in the instant 'case.3 We shall include the mechanics within
the unit.
In accordance with the above, we find that all production employees
of the Company, including watchmen, janitors, firemen, and me-
chanics, but excluding the matron, the first-aid girl and supervisory
and clerical employees, constitute a unit appropriate for the purpose
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 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 our Direction of Election,
subject to the limitations and additions set forth therein.
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 Rela-
' tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-'
tives for the purposes of collective bargaining with The Sterling Corn-
' 331atter of Rehanee Manufacturing Company and United Garment Workers of Anverwa,
Loea No 215, 47 N L R B 451
THE STERLING AGOI\ PANY 53
parry, Kokomo, Indiana, 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 Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 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 such employees who did not work, during said pay-roll.period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves 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 International Ladies Garment Workers Union,
Local No. 328, affiliated with the American Federation of Labor, or
by the Square Deal Association, for the purposes of collective bargain-
ing, or by neither.