Wilson Athletic Goods Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Jun 16, 1947

74 N.L.R.B. 150 (N.L.R.B. 1947)

In the Matter of WILSON ATHLETIC Goons MFG. Co., INC., EMPLOYER
and UAW-AFL, AMALGAMATED LOCAL No. 286, PETITIONER
Case No. 13-R-4199.-Decided June 16, 1947
Mr. Richard C. Winkler, of Chicago, Ill., for the Employer.
Mr. Angelo Inciso, of Chicago, Ill., for the Petitioner.
Mr. Victor M. Theis, of Chicago, Ill., and Mr. Joseph F. Wundsan,
of Palatine, Ill., for the Independent.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on March 28 and April 7, 1947, before Karl W. Filter, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Wilson Athletic Goods Mfg. Co., Inc., is a Delaware corporation
with plants and branches in various States in the United States.
This proceeding concerns only the Employer's plant in Chicago,
Illinois, where athletic goods and equipment are manufactured. Dur-
ing the first 6 months of 1946, the Employer purchased materials
valued in excess of $50,000, more than 50 percent of which was received
from outside the State of Illinois. During the same period the Em-
ployer sold finished products valued in excess of $100,000, more than
50 percent of which was sold and delivered to customers outside the
State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
74 N. L. R. B., No. 32.
150
WILSON ATHLETIC GOODS MFG. CO., INC.
II. THE ORGANIZATIONS INVOLVED
151
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
Independent Athletic Goods Manufacturing Union, herein called
the Independent, is an unaffiliated labor organization, claiming to
represent employees of the Employer.
III. THE QUESTION'CONCERNING REPRESENTATION
The Employer and the Independent were bound by collective bar-
gaining agreements from 1937 through December 1946. The last
contract between the parties was executed on January 1, 1946, effec-
tive until December 31, 1946, and from year to year thereafter, unless
either party tendered written notice to the other party 30 days prior
to any anniversary date, of a desire to amend, modify, or terminate
the agreement.
On November 4, 1946, the parties amended their agreement to in-
corporate certain wage- changes. On November 30, 1946, before the
Mill B or operative date of the 1946 contract, the Independent advised
the Employer, by letter, that it desired to negotiate certain changes
for the forthcoming contract period. Thereafter, during the first
week in December 1946, the parties met and agreed to some 13 modi-
fications or changes in the contract, but failed to agree on the matter
of paid holidays. Because of the resulting impasse on this issue of
paid holidays, the parties did not execute or sign a new agreement.
On January 1 and 29, 1947, respectively, the Petitioner filed its peti-
tion and amended petition in this proceeding.
The Employer contends that the January 1, 1946, contract was auto-
matically renewed on January 1, 1947, and that such alleged renewal
precludes a current determination of representatives.
It is clear, however, that the Independent had effectively fore-
stalled the operation of the contract's automatic renewal clause by the
November 30 notification to the Employer of its desire to negotiate
changes in the agreement. It is also clear that the subsequent negotia-
tions failed to "close" the contract prior to the filing of the petition
herein.' Accordingly, we find that the 1946 contract was not renewed
and that it is therefore no bar to the present proceeding.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
3 See Matter of Riggs Optical Company, Consolidated , 67 N. L . R. B. 565, 567 ; and
Matter of Nicholson Transit Company , 65 N. L. R. B. 418, 420.
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
production and maintenance employees at the Employer's plant and
warehouses in Chicago, Illinois, excluding clerical employees and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Wilson Athletic Goods Mfg.
Co., Inc., Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) clays 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 Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules
and Regulations-Series 4, 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 oil, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether they desire to be represented by UAW-AFL, Amalgamated
Local No. 286, or by Independent Athletic Goods Manufacturers
Union, for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
2 Any participant in the election herein may, upon its prompt request to and approval
thereof by the Regional Director, have its name removed from the ballot.