Werman Legging Corp.

National Labor Relations Board - Board Decisions

Apr 9, 1943

48 N.L.R.B. 1048 (N.L.R.B. 1943)

In the Matter Of WERMAN LEGGING CORPORATION and TExTII.E WORKERS
UNION OF AMERICA, GREATER NEW YORK JOINT BOARD, C. I. O.
Case No. R-4987.-Decided April 9, 1943
Jurisdiction : leggings manufacturing industry
Investigation and Certification of Representatives : existence of question: dis-
pute as to the appropriate unit ; contract executed with a company having the
same officers as the company involved, held no bar when companies were found
to be separate entities, and in any event, the contract had expired ; election
necessary.
Unit Appropriate for Collective Bargaining : unit proposed by sole labor organi-
zation involved comprising employees of one of two companies having common
officers" and housed in the same building, held an appropriate unit notwith-
standing contentions of that company, that the unit should be comprised of the
,employees of both companies, when each of the companies were separate enti-
ties, had different superintendents, performed different operations separate
and apart from each other, maintained separate pay rolls, so that employees
of the company involved were a sufficiently identifiable group to warrant
establishing'thenm as an appropriate bargaining unit.
Mr. Benjamin E. Gordon, of Boston, Mass., for the Company.
Mr. James Lipsig, of New York City, for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
Greater New York Joint Board, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Werman Legging Corporation, Brook-
lyn, New York, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Jack Davis,,Trial Examiner. Said hearing was held at New
York City on March 8, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 'and cross-examine witnesses, and to introduce evidence bearing
48 N. L. R. B., No. 128.
1048
WEiRMAN LEGGING CORPORATION,,- 1049
upon 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Werman Legging Corporation is a New York- corporation engaged
at Brooklyn, New York, in the manufacture of Army leggings. The
entire stock of Werman Legging Corporation is owned by A. Werman
& Sons, Inc., Brooklyn, New York. All of the raw materials used by
the Company are shipped by the United States Army to the Company's
Brooklyn plant from points outside the State of New York, and all
the finished products are shipped by the Company to points outside
the State of New York as directed by the Army. Since on or about
September 15, 1942, when the Company began operations, it has
manufactured about 70,000 pairs of leggings ,at a production cost of
approximately $7,500. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, Greater New York Joint Board,
is a labor organization affiliated with the Congress of Industrial
Organizations,, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union because it questions
the appropriateness of the bargaining unit sought by the Union.
The Company also contends that a contract between 'A. Werman &
Sons, Inc., and United Shoe Workers, of America, C. I. 0., constitutes
a bar to this proceeding. The contract referred to was executed on
April 1, 1941, and expired by its terms on March 31, 1942. It is a
closed-shop agreement covering all production workers employed
by A. Werman & Sons, Inc. On April 1, 1942, the contracting parties
by.written agreement extended the April 1; 1941, contract to March
31, 1943. Neither the original contract nor the extension agreement
contains an automatic renewal clause. , Since, as we find hereinafter,
this contract does not cover the employees of the Company, and since,
in any event, it has expired, we find that it does not constitute a bar
to this proceeding. I ,
A statement by the Regional Director, introduced in evidence at
,the hearing, supplemented by a statement made by the Trial Exam-
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
iner at.the hearing, indicates that*the Union 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 the 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
The Union contends that all production 'workers of the Company,
excluding executives, supervisory officials, foremen, foreladies, and
office and clerical help, constitute an appropriate unit. The Union
would also exclude from the unit those employees of A. Werman &
Sons, Inc., who are at times used temporarily by the Company in
its operations. The Company contends that both for functional
reasons and by virtue of the contract between A. Werman & Sons,
Inc., and the United Shoe Workers of America, C. I. O., the unit
should be comprised of all the production employees of A. Werman
& Sons, Inc., and the Company.2
Werman Legging Corporation,,the Company, was formed Septem-
ber 17, 1940, and began operations September 15, 1942. Its operations
are confined to the basement of a building located at 282 Belmont
Street, Brooklyn, New York. The office and shipping department'of
A. Werman & Sons, Inc., are on the first floor of this building. The
shipping department of the Company is also on the first floor of this
building but is. separate and apart from that of A. Werman & Sons,
Inc. The second and top floors of this building are used by A. Wer-
man & Sons, Inc., for the manufacture of shoes. The general man-
ager and the other executive officers of the Company are also the
general manager and executive officers of A. Werman & Sons, Inc.
However, there is a separate foreman in charge,of the operations of
the Company, and a separate pay roll is maintained for the employees
of the Company.
-It appears that a few of the employees of A. Werman & Sons, Inc.,
are familiar with the operations of certain machines used by the Com-
pany, and,that these employees are frequently sent to the basement to
operate these machines. These are employees whom the Union would
exclude froln' the appropriate unit.
'The report of the Regional Director states that the Union submitted 34 application
for membership cards dated in January and February , 1943, 23 of which bear names of per-
sons whose names appear on the Company 's pay roll of February 6, 1943, which pay roll
contains the names of 36 persons in the alleged appropriate unit . The Trial Examiner re-
ported ' that the Union submitted to him 4 additional application for membership cards
dated during the month of February 1943 and bearing apparently genuine signatures of
persons whose names appear on the Company 's pay-roll of February 6, 1943. .
2 The United did not appear at the hearing. An official of the Company and of A. Wei man
& Sons, Inc., testified at the hearing that the United does not claim that any employees
of the Company are covered by its contract"with A. Overman & Sons , Inc, and it further
appears that the United claims no jurisdiction over-these employees.
I
WERMAN LEGGING CORPORATION 1051
Inasmuch as the Company is a separate entity and its operations
are separate and apart from those of A. Werman & Sons, Inc., and
since the Company maintains a separate pay roll, we find that the pro-
duction employees of the Company are a sufficiently identifiable group
to warrant establishing them as an appropriate bargaining unit. Ac-
cordingly, we find that all production workers of the Company, exclud-
ing executives, supervisory officials, foremen, assistant foremen, office
and clerical employees, and further excluding all employees of A.
Werman & Sons, Inc., engaged in the manufacture of shoes who are
`riven temporary or emergency work to perform by the Company in
;lie manufacture of leggings, 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,
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 Rela-
tions 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 Werman Legging
Corporation, Brooklyn, 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 Second 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,
Greater New York Joint Board, C. I. 0., for the purposes of collective
bargaining.