Wayne Knitting Mills, Inc.,

National Labor Relations Board - Board Decisions

Dec 7, 1935

1 N.L.R.B. 53 (N.L.R.B. 1935)

In the Matter Of WAYNE KNITTING MILLS, INC., and THE AMERICAN
FEDERATION OF HOSIERY WORKERS, BRANCH No. 2
Case No. R-f2.Decided December 7, 1935
Hosie)y Industry Unit Appropriate for Collective Bargaitung: production:
and maintenance employees-Election Ordered: agreement for conduct of-
Certification of Representatives.
Mr. Louis L. Jaffe for the Board.
Barrett, Barrett d McNagny, of Fort Wayne, Ind., and Mr. Otto
A. Jaburek, of Chicago, Ill., for the Company.
Mr. Edwin R. Thomas, of Fort Wayne, Ind., for Association of
Employees for Representation by Employees Only of the Wayne
Knitting Mills.
Mr. Isadore Katz, of Philadelphia, Pa., for American Federation-
of Hosiery Workers, Branch No. 2. 1
Mr. Fred. G. Krivonos, of counsel to the Board.
DECISION
FINDINGS OF FACT
I. The American Federation of Hosiery Workers, on October 7,,
1935, filed a petition with the Board, Eleventh Region,'under Section
9 (c) of the National Labor Relations Act and Article III of the
Board's Rules and Regulations, Series 1, for certification of repre-
sentatives of employees of the Wayne Knitting Mills, Inc., Fort
Wayne, Indiana, for collective bargaining. An investigation in the
case under Section 9 (c) of the Act and Article III, Section 3, of the
Rules and Regulations, was authorized by the Board on October 8,
1935. The company's motion to intervene in the proceeding was
granted. A hearing pursuant to Section 9 (c) of the Act and Article
III, Sections 3 to 7 of the Rules and Regulations was held in Fort
Wayne, Indiana, on November 6 and 7, 1935, before Trial Examiner
Ralph A. Lind.
II. The Wayne Knitting Mills, Inc., Fort Wayne, Indiana, is a,
manufacturer of full-fashioned hosiery.
III. The American Federation of Hosiery Worker?; is a national
union affiliated with the American Federation of Labor through the-
United Textile Workers of America; Branch No. 2 of this organiza-'
53
54 NATIONAL LABOR RELATIONS BOARD
tion claims to represent production and other employees of the Wayne
Knitting Mills for the purpose of collective bargaining.
IV. The Association of Employees for Representation of Em-
ployees Only of the Wayne Knitting Mills, has, since September 20,
1935, claimed to represent all of the employees of the Wayne Knit-
ting Mills.
V. A question has arisen concerning the representation of em-
ployees of the company for collective bargaining.
VI. On October 31, 1935, the company and the Board entered
into stipulations for the purpose of expediting the proceeding, under
the terms of which the company "consents to the jurisdiction of the
Board to hear and determine all questions pertaining to the conduct
of an election, of the employees of its Fort Wayne, Indiana, plant,
pursuant to Section 9(c) of the Act, and waives any objection to such
jurisdiction for the purposes of this particular proceeding." In the
stipulations the company also agrees to furnish the Board a verified
payroll for the purposes of such election and agrees to bargain col-
lectively with the representatives chosen at such election.
VII. Evidence at a hearing conducted in the proceeding on Novem-
her 6 and 7, 1935, pursuant to Section 9(c) of the Act and Article
III of the Rules and Regulations establishes that the production and
maintenance employees in the company's Fort Wayne plant are at
this time engaged in operations directly concerned with or closely
related to the manufacture of hosiery and the operation of the plant,
and that at this time there exists a community of interest among such
employees for the purposes of their right to self-organization and
collective bargaining under the Act, and accordingly, in order to in-
sure the company's employees the full benefit of their right to self-
organization and collective bargaining and otherwise to effectuate
the policies of the Act, the appropriate bargaining unit for the
company's Fort Wayne Plant, under the circumstances of this case,
consists of employees engaged in production and maintenance work,
and does not include the supervisory staff, office force, salesmen, cleri-
cal and professional workers.
VIII. No evidence was presented at the hearing from which repre-
sentatives for collective bargaining with the company may be as-
certained. The company, the union and the Association agree that
such representatives be ascertained in an election by secret ballot of
employees.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 of the National Labor Relations
Act, approved July 5, 1935, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations, Series
1, it is
DECISIONS AND ORDERS 55
DIRECTED that as part of the investigation authorized by the Board
in the above case to ascertain representatives for collective bargaining
with the Wayne Knitting Mills, Inc., Fort Wayne, Indiana, an elec-
tion by secret ballot shall be conducted within a period of one week
from the date of this decision under the direction and supervision
of the Regional Director, Eleventh Region, acting in this matter
as the agent of the National Labor Relations Board and subject to
Article III, Section 9 of said Rules and Regulations, among the pro-
duction and maintenance employees on the payroll of such employer's
Fort Wayne, Indiana plant, on October 25, 1935. Those eligible
to vote shall be such employees on such payroll and those employed
for such work between that date and the date of this decision, ex-
cepting those who quit or have been discharged for cause during, such
period, said election to be held to determine whether they desire to
be represented by the American Federation of Hosiery Workers or
the Association of Employees for Representation by Employees Only
of the Wayne Knitting Mills, and it is further
DIRECTED for the purpose of determining the eligibility of em-
ployees to vote at the election, that, in accordance with its stipula-
tion of October 31, 1935, the Wayne Knitting Mills, Inc. shall
furnish, two days before the date of the election herein, to the
Regional Director, Eleventh Region, acting in this matter as the
agent of the National Labor Relations Board, its payroll list, ar-
ranged both numerically and alphabetically, showing the names
of all its regularly employed production and maintenance em-
ployees on its payroll at its said Fort Wayne, Indiana, plant on
October 25, 1935, and such employees who were employed since that
date up to the date of this decision, excepting those who quit or were
discharged during that period.
[SAME TITLE]
CERTIFICATION OF' REPRESENTATIVES
December 31, 1935
A petition for certification of representatives having been duly
filed, an investigation and hearing having been duly authorized and
conducted, and an election by secret ballot having been conducted
on December 12, 1935, among the production and maintenance em-
ployees of the Wayne Knitting Mills, Inc., located at Fort Wayne,
Indiana, pursuant to the National Labor Relations Board's Direction
for Election dated December 7, 1935, and an intermediate report as
to the results of such election having been prepared by the Regional
Director for the Eleventh Region, served upon the parties to the
97571-36-vol i-5
56 NATIONAL LABOR RELATIONS BOARD
above proceeding and, in the absence of objections thereto, filed with
this Board pursuant to Article III, Section 9 of National Labor
Relations Board Rules and Regulations-Series 1,
THEREFORE, 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, approved July 5, 1935, and pursuant to
Article III, Section 8 of National Labor Relations Board Rules and
Regulations-Series 1,
IT IS HEREBY CERTIFIED that the American Federation of Hosiery
Workers has been designated and selected by a majority of the pro-
duction and maintenance employees of said Wayne Knitting Mills,
Inc. as their representative for the purpose of collective bargaining
and that, pursuant to the provisions of Section 9(a) of said Act,
said American Federation of Hosiery Workers is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to rates of pay, wages, hours of employment,
and other conditions of employment.