Wells-Lamont Corp.

National Labor Relations Board - Board Decisions

Mar 22, 1943

48 N.L.R.B. 410 (N.L.R.B. 1943)

In the Matter of WELLS-LAMONT CORPORATION ' and AMALGAMATED
CLOTHING WORKERS OF AMERICA, CIO
Case No. R-4977.-Decided March 22, 191+3
Jurisdiction : glove manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to recognize union until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the company at one
of its plants, with specified exclusions; stipulation as to.
Mr. Albert J. Smith, of Chicago, Ill., for the Company.
Mr. Richard Brazier, of St. Louis, Mo., for the CIO.
Mr. Thomas Durian, of Milwaukee, Wis., for the AFL.
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, CIO, herein called the CIO, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Wells-Lamont Corporation, Beardstown, Illinois, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Robert E. Dickman, Trial
Examiner. Said hearing was held at Chicago, Illinois, on March 10,
1943. The Company, the 'CIO, and International Glove Workers of
America, AFL, herein called the AFL, 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 Beardstown -Association of Glove workers was duly notified of this proceeding but did
not appear . At the hearing held herein , evidence was introduced to show that the Asso-
ciation was dissolved and absorbed by the C. I. O.
48 N. L. R. B., No. 50.
410
WELLS'-LAMONT CORPORATION
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
411
Wells-Lamont ' Corporation, a Minnesota corporation, with its
general offices in Chicago, Illinois, is engaged in the manufacture of
gloves. For this purpose it operates a plant at Beardstown, Illinois,
and other plants located outside the State of Illinois. We are con-
cerned herein with the Company's operations in Beardstown, Illinois.
The Company annually purchases for use at its Beardstown plant raw
materials exceeding $50,000 in value, of which more` than 30 percent
is shipped to the plant from points outside the State of Illinois. The
annual sales of the finished products of the Beardstown plant exceed
$75,000, more than 35 percent of which is shipped to points outside
the State of Illinois. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
International Glove Workers of America is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company. .
M. THE QUESTION CONCERNING REPRESENTATION
Oil or about January 28, 1943, the CIO, by letter, sought recogni-
tion from the Company, claiming to represent a majority of its
employees. The Company refused to grant exclusive bargaining
rights to the CIO until it had been certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the CIO and AFL each represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.2
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 Regional Director reported that the CIO submitted 197 application cards, all of
which bore apparently genuine original signatures , 181 of the signatures are names of
persons appearing on the Company 's pay roll of February 13, 1943 , containing 247 names
within the appropriate unit ,
He further reported that the AFL submitted 58 membership cards , of which 54 bore
apparently genuine original signatures . Thirty -three of these signatures were the names
of persons appearing upon the above-mentioned pay roll . In addition the- AFL submit-
ted membership cards containing a printed signature and a typed signature, the names of
which also appeared on the above-mentioned pay roll.
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the unions, to which the Com-
pany offered no objection, we find that all employees. of the Company
at its Beardstown plant, excluding executives, the factory manager,
the assistant factory manager, the superintendent, foremen, assistant
foremen, foreladies, assistant foreladies, the shipping clerk, office
'employees, clerical employees, janitors, watchmen, outside truck
drivers and machinists or maintenance men, constitute a unit appro-
priate 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
employees 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 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 Wells-Lamont .
Corporation, Beardstown, Illinois, 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, 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 temporarily laid off, and including employees in the armed forces
of the United States who present 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 Amalgamated
Clothing Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by International Glove Workers of America,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither. ' ,