Van Raalte Co., Inc.

National Labor Relations Board - Board Decisions

Feb 26, 1943

47 N.L.R.B. 1110 (N.L.R.B. 1943)

i
In the Matter of VAN RAALTE COMPANY, INC. and TEXTILE WORKERS?
UNION OF AMERICA, C. I. O.
Case No. R-4906.-Decided February 06, 1943
Jurisdiction : garment manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition on ground that company doubted union' s majority
in the appropriate bargaining unit; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees at company's No. 1 and Alco plants located in Dunkirk , New York, ex-
cluding foremen , foreladies , other supervisory employees , instructresses, pro-
duction clerks , and office employees.
Mr. L. W. Grif iths, of Buffalo, N. Y., and Mr. N. A. Koeppen, of
Dunkirk, N. Y., for the Company.
Mr. William Duchessi, of New York City, and Mr. Ray McLaughlin,
of Dunkirk, N. Y., for the Union.
Mr. A. SumIner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Van Raalte Company, Inc., herein called the Company,' the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Peter J. Crotty, Trial Examiner. Said hearing was held
in Dunkirk, New York, on February 13, 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
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 :
1 Incorrectly described in the petition and other formal papers as Van Raalte Silk Company
and corrected, at the hearing.
47 N. L. R. B., No. 140.
1110
VAN RAALTE COMPANY, INC.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Van.Raalte Company, Inc., a New York corporation, is engaged in
the manufacture, sale, and distribution of gloves and ladies' under-
wear. The Company operates seven plants in various parts of the
United States including two plants, the only ones involved in this pro- .
ceeding, located in the city of Dunkirk, New York. During the calen-
dar year 1942, the Company-used at its Dunkirk, New York plants raw
materials of the value of approximately $4,690,000, of which approxi-
mately 90 percent represents shipments made from points outside the
State of New York. • During the same period, the Company manu-
factured and sold from its Dunkirk plants finished products valued at
approximately $1,055,000, of which approximately 85 percent repre-
sents shipments made to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
. I,-
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition, the Union requested that
the Company bargain collectively. The Company declined the Union's
request upon the ground that it doubted the Union's claim to represent
.a majority of the Company's employees in the appropriate bargain
unit-
A statement of a Field Examiner, introduced in evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found to be 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.
IV. THE APPROPRIATE UNIT
We find, in accordance' with the Union's position taken at the hear-
ing to which the Company raised no objections, that all production and
2 The Field Examiner reported ' that the Union had submitted 507 signed membership
cards of which 1 was dated December 1942, 289 dated January 1943, 8 dated February
1943, and 171 undated ; that of the 507 cards, 469 bore apparently genuine original signatures
of persons whose names appeared on the Company's pay roll of January, 10, 1943, contain-
ing 1259 names within the appropriate unit.
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
maintenance employees employed by the Company in its No. 1 and
Alco plants located in Dunkirk, New York, excluding foremen, fore-
ladies, other supervisory employees , instructresses , production clerks,
and office employees , 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 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
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 Relations
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 representa-
tives for the purposes of collective bargaining with Van Raalte Com-
pany, Inc., Dunkirk, New York, 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 Third 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 employees who did not work during said pay-roll
.period because they were ill or on vacation or temporarily laid'_ off,
-and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Textile Workers Union of
America, C. I. 0., for the purposes of collective bargaining.
MR. WM. M. LFIsErsoN took no part in the consideration of the above
Decision and Direction of Election.