Wells-Lamont Corp.

National Labor Relations Board - Board Decisions

Apr 29, 1943

49 N.L.R.B. 288 (N.L.R.B. 1943)

In the Matter of WELLS-LAMONT CORPORATION- and INTERNATIONAL
GLOVE WORKERS UNION OF AMERICA, LOCAL UNION, No. 118, A.' F.
OF L.
Case No. R-5178.-Decided April 29, 1943
Mr. L. C. Waite, of Edina, Mo., for the Company.
Mr. Anton White, of Kewanee, Ill., for the Union.
Miss Viola James, 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. 118, affiliated with the American Fed-
eration of Labor, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Wells-Lamont Corporation, Edina, Missouri, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Ryburn L. Hackler, Trial
Examiner. ' Said hearing was held at St. Louis, Missouri, on April
14, 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 are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wells-Lamont Corporation is a Minnesota corporation with its
offices and main plant located in Chicago, Illinois. The Company is
engaged in the manufacture of work gloves and, for that purpose,
owns and operates seven plants located in Missouri, Ohio, Illinois,
and Oregon. The only plant involved herein is the plant located at
49 N. L. R. B., No. 36.
288
4
WELLS-LAMMO'NT CORPORATSON 289
Edina,,Missouri. - During, the 19,42 operations,of this plant the, Com
pany purchased cotton cloth, leather, thread, and other raw materials
valued in excess of $50,000, approximately 90 percent of which was
received from 'points outside the State of Missouri.- During the
same period the Company manufactured work gloves valued at, more
than $50,000, approximately 75 percent of which was shipped for
sale to points outside the State of Missouri. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act., ,
II. THE ORGANIZATION INVOLVED
International. Glove Workers Union of America, Local Union,, No.
118, affiliated with the American Federation' of Labor, is' a, labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 11, 1943, the -Union by letter requested a conference
to, discuss recognition of the Union as -the exclusive bargaining' agent
of the Company's employees in the Edina plant. The Company
refused to open negotiations, and still refuses unless and until the
Union is certified by the Board.
The Regional 'Director's statement introduced into evidence at
the hearing indicates that the Union represents a substantial num-
ber of employees, in, the ,appropriate unit.'
We find that a question affecting commerce has arisen concern-
ing the representation-of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with .the stipulation of the parties, we find' .that all
production and maintenance employees of the Company at its i plant
,at Edina, Missouri, excluding supervisory and clerical employees,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.2
1 The Regional Director reported that the Union submitted 116 applications for mem-
bership ; that 114 bore apparently genuine signatures, of which 104 were the. names of
persons, on the Company's pay roll of March 12, 1943, which listed 123 persons in the
appropriate unit; and that 103 of the cards bore dates between February 10 and March
4, 1943.
' The parties -agreed that,Dorothy Parrish, a stitching room worker, should be included
in the,unit,because at least.,SO percent of her work is production work, the remainder of her
duties being clerical. We find that Parrish should be included.
0
290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
` 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 .the 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 Re-
lations Act, and pursuant to Arficle 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 represent-
atives for the purposes of collective bargaining with Wells-Lamont
Corporation, Edina, Missouri,, anelection 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 Fourteenth Region, acting in this
natter as agent for the National Labor Relations Board, and, sub-
ject to, Article III, Section40, 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 those employees who have since quit or -been dis-
charged for cause, to determine whether or not they desire to be
represented'by International Glove Workers Union of America, Local
Union, No. 118; affiliated with the American Federation of Labor,
for purposes of collective bargaining.