Wells Lamont Corp.

National Labor Relations Board - Board Decisions

Mar 25, 1943

48 N.L.R.B. 535 (N.L.R.B. 1943)

In the Matter of WELLS LAMOS7T CORPORATION, ELSBERRY MISSOURI 1
PLANT and INTERNATIONAL GLOVE WORKERS UNION OF AMERICA,
LOCAL UNION No. 117, AFL
Case No. R-5013.-Decided March 25, 1943
Jurisdiction : glove manufacturing industry.
Investigation and Certification of Representatives : existence of question: com-'
pany questioned petitioner 's majority representation status ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, with specified exclu-
sions ; maintenance employees included although one of the organizations
desired their exclusion because of oral agreement made with an organization
not involved in the proceeding not to include them , when but for the agreement
they would be eligible for membership in the former union , and there was no
showing that the latter union presently represented these employees or that
they desired to be so represented.
Mr. Richard Smith, of Elsberry, Mo., for the Company.
Mr. Alton' White, of Kewanee, Ill., for the AFL.
Mrs.-Marie Kiely, of St.-Louis, Mo., for the CIO.
.Mr. David V. Easton, of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Glove Workers Union of
America, Local Union No. 117, AFL, herein called the AFL, alleging
that a question affecting commerce had arisen concerning the repre-
tientation of employees of Wells Lamont Corporation, Elsberry, Mis-
souri, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Jack G:
Evans, Trial Examiner. Said hearing was held at St. Louis, Mis-
souri, on March 12,1943. The Company, the AFL, and Amalgamated
Clothing Workers of America, CIO, herein called the CIO, appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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:
48 N. L. R. B., No. 67.
535
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE , BUSINESS OF THE. COMPANY
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 Elsberry, Missouri.
and other plants located outside the State of Missouri. We are con-
cerned herein with the Company's operations in Elsberry, Missouri.
During the calendar year 1942, the Company purchased for the
above-mentioned plant materials valued in excess of $200,000, of
which, more than 50 percent was received from points outside the
State of Missouri. During the same year the plant produced finished
materials valued in excess of $200,000, more than 50 percent of which
was transported to points outside the State of Missouri. The Coni-
.pany admits that it is engaged in commerce within,,tl-le meaning, of
the National. Labor, Relations Act.
II. THE ORGANIZATIONS "INVOLVED,
International Glove Workers Union of America,, Local Union No.
117, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Coinpany.
Amalgamated Clothing-Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 30, 1943, the AFL notified the Company's general
manager at the Elsberry plant, that it represented the majority of its
employees therein. On February 5, 1943, the Company replied by
letter, questioning the'majority representation status ofitheeAFL.
^A statement of the Regional Director introduced in evidence at
the hearing, indicates that the AFL and the CIO 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 Compan^ within the meaning
of Section 9 (c) and Section 2 (6)' and (7) of the Act.
i The Regional Director reported that the AFL- submitted 134 application cards of
which 132 bore apparently genuine original signatures , 117 boie names of persons appear-
ing on the Company' s pay roll of February 6. 1943 This par roll contained 246 persons
in, the appropiiate unit . He further reported that the CIO submitted 96 application cards,-
all beaiing apparently genuine signatures Eighty-three of the cards bore names appear-
ing upon the above-mentioned pay roll Twenty-four persons , signed cards for - both the
AFL and the CIO.
WELLS LAMONT CORPORATON, , ELSBERRI MISSOURI PLANT 537
IV. THE APPROPRIATE tTNIT
Both the CIO and the AFL agree that all employees 2 ,of the'
Company at the Elsberry, Missouri, plant, excluding supervisory and
office employees constitute an appropriate unit. However, the AFL
seeks to include two maintenance men whereas the CIO would exclude
them. The Company takes no position with regard to this issue.
The CIO would exclude the two maintenance employees because of
The fact that it had an oral agreement with the Hodcarriers Union,
.a-labor organization, not here in olved, not to include the maintenance
employees. The record reveals that in the absence of such an agree-
lnent,the two_ iiaintenance employees involved would be eligible for
membership-in the CIO. There is no evidence that the Hodcarriers
Union ,presently represents these employees or that they desire.,to„ bg
so represeuted., We ,ire,of the opinion,that the oral agreement'is not
sufficient to warrant excluding the .maintenance employees..,Accord-
il'lg1y, we find that all employees of the Company at its - El'sberry
plant, including the two maintenance employees, but excluding all
supervisory and office employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (h) of the Act.
V. TILE 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRPCTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wells Lamont
Corporation , Elsberry, Missouri Plant, Elsberry , Missouri , an election
by secret ballot shall be conducted as early as possible , but not later
2 Roth labor organizations ague, that the truck driver, and two night watchmen who
spend most of their time on jamtorunl duties are to be included within the unit, and that
the factory clerical employee shall be excluded because he spends approximately 90 per-
cent of his time euga:; ed in cleucal functions
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
than thirty (30) days from the date of this Direction, under the
direction and supervision of the Regional Director for the Fourteenth
Region,_ acting in this matter as agent for the National Labor Re-
lations 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 repre-
sented by International Glove Workers Union of America, Local No.
117, affiliated with the American Federation of Labor or Amalgam-
ated Clothing Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining,
or by neither.