Wilson Athletic Goods Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 4, 1946

66 N.L.R.B. 263 (N.L.R.B. 1946)

In the Matter of WILSON ATHLETIC GOODS MANUFACTURING COMPANY
and TEXTILE WORKERS UNION OF AMERICA , C. I. O.
Case No. 3-R-1107.-Decided March 4,1946
Messrs. John L. Cockrill, of Chicago, Ill., R. C. Cook, of Buffalo,
N. Y., and W. P. Holmes, of Ironton, Ohio, for the Company.
Mr. John TVolski, of Buffalo , N. Y., for the Union.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Wilson Athletic Goods Manufacturing Company,' Golf Bag Division,
Buffalo, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Francis X. Helgesen, Trial Examiner. The hearing
was held at Buffalo, New York, on November 16,1945. The Company
and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wilson Athletic Goods Manufacturing Company is a Delaware
corporation engaged in the manufacture of golf bags at its plant in
' The parties stipulated at the hearing to correct all formal documents to thus show
the true and correct name of the Company.
66 N. L. R. B., No. 28.
263
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Buffalo , New York. During the past 12 months the Company has
purchased raw materials valued in excess of $500,000, approximately
55 percent of which was purchased outside the State of New York.
During the same period, the Company sold finished products valued
in excess of $500,000, of which approximately 85 percent was shipped
outside the State of New York.
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 is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
On September 29, 1945, the Union, by letter, asked the Company
for recognition as bargaining representative. The Company denied
the request 2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
IV. THE APPROPRIATE UNIT
The Company and the Union agree that all production and
maintenance employees, excluding office and clerical employees, time-
study clerk, plant superintendent, production foreman , chief in-
spector, and supervisory employees, constitute an appropriate unit.
However, the parties disagree as to the following categories of
employees, all of whom the Union would include and the Company
would exclude.
s The Company 's contention that its previous negotiations with the Upholsterer 's Inter-
national Union of North America, including proceedings before the War Labor Board
terminating in April 1944, bar any other representation claims or proceedings , is without
merit. The Upholsterer 's Union was certified by the Board as bargaining representative
on June 2 , 1942 , after winning a consent election . It has never consummated any
contract with the Company since its certification and has ceased to function as a
bargaining representative for more than a year prior to the filing of a petition in this
proceeding. Furthermore , the Upholsterer 's Union now disclaims any interest in this
case or any desire to represent the Company ' s employees.
$ The Field Examiner reported that the Union submitted 28 authorizations . There are
approximately 47 employees in the appropriate unit.
WILSON ATHLETIC GOODS MANUFACTURING COMPANY 265
Watchmen: The Company employs three watchmen. They are
neither militarized nor deputized. Their work consists primarily
of protecting the property, firing the boiler, and some maintenance
duties. They are paid on an hourly basis, are on the same pay roll,
and generally have the same conditions of work as production em-
ployees. Inasmuch as their duties are custodial and not monitorial,
we shall include them within the unit .4
Shipping clerk and stockroom clerk : The Company employs one
shipping clerk and one stockroom clerk who perform the customary
duties of such employees. They are responsible for certain stock,
cost and production records which are in no way concerned with
the labor policies of the Company. These employees are under the
supervision of the assistant plant manager. We are of the opinion
that their duties and interests are sufficiently identifiable with those
of production and maintenance employees to warrant their inclusion
in the same unit. We shall include them.5
Inspectors : The Company has nine employees who work in the
plant as inspectors. They spend approximately 10 percent of their
time as thread trimmers. The remainder of the time they inspect
golf bags for quality and defects in workmanship. They have no
supervisory authority and make only routine inspection reports with
no recommendations in respect to the employment status of other
employees. We shall include them.6
We find that all production and maintenance employees of the
Company, including watchmen, inspectors, shipping clerk, and stock-
room clerk, but excluding office and clerical employees, time-study
clerk, plant superintendent, production foremen, chief inspector, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, 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 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.
A Matter of Lectrolite Corporation, 63 N. L. R. B. 369; cf. Matter of Kelsey-Hayes
Wheel Company, 62 N. L. R. B. 421.
5 Matter of Goodman Manufacturing Corporation , 58 N. L R B. 531 ; Matter of Kearney
& Trecker Corporation , 60 N. L. R. B. 148, Matter of Sylvania Industrial Corporation,
61 N. L. R. B. 1585.
0 Matter a/ General Bronze Corporation , 60 N, L. R. B. 1008
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company employs one part-time charwoman, who works on
a regular schedule, averaging approximately 15 hours a week. She
is on the same basis as other full-time plant employees as to rate
of pay, duties, or other conditions of employment. In accord with
our established practice, we find this regular part-time employee
eligible to vote in the election?
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 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wilson Athletic
Goods Manufacturing Company, Buffalo, 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 Third
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among employees in the unit found appro-
priate 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 em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have not been re-
hired or reinstated prior to the date of the election, to determine
whether or not they desire to be represented by Textile Workers
Union of America, C. I. 0., for the purposes of collective bargaining.
Ma. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
7 Matter of Madison Iron Works, Inc., 61 N. L. R. B, 649,