41 N.L.R.B. 995 (N.L.R.B. 1942)

American Manufacturing Co.

National Labor Relations Board - Board DecisionsJun 16, 1942

41 N.L.R.B. 995 (N.L.R.B. 1942)

In the Matter of AMERICAN MANUFACTURING COMPANY and UP- HOLSTERERS ' INTERNATIONAL UNION, LOCAL No. 187, A. F. OF L. Case No. R-38,06.-Decided June 16, 1942 Jurisdiction : rope manufacturing industry. Practice and Procedure : petition dismissed where petitioner did not make a sufficient showing of present representation of employees in the alleged appropriate unit. Messrs. Fordyce, White, Mayne, Williams ce. Hartman by Nelson W. Hartman, of St. Louis, Mo., for the Company. Mr. Waldo C. Mayfield, of St. Louis, Mo., for the Union. Mr. George J. Hadjinoff, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon amended petition duly filed by Upholsterers' International Union, Local No. 187, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of American Manufacturing Company, St. Louis, Missouri, herein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Henry J. Kent, Trial Examiner. Said hearing was held at St. Louis, Missouri, on May 14, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY American Manufacturing Company is a Massachusetts corporation engaged in the manufacture, sale, and distribution of rope and allied 41 N. L. R. B., No. 179. 995 996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD products at the St. Louis Cordage Mills, St. Louis, Missouri. During the year 1941 the Company purchased raw materials, exceeding $500,- 000 in value, from foreign countries and from States of the United States other than the State of Missouri, for use at its St. Louis Cordage Mills. During the same period, rope and allied products having a value in excess of $500,000 were manufactured at the St. Louis Cordage Mills, approximately 50 percent of which was sold to customers outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED Upholsterers' International Union, Local No. 187, is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about April 21, 1942, the Union requested recognition as the exclusive representative of all production employees of the Com- pany at its St. Louis Cordage Mills, including working foremen and watchmen, but excluding full-time supervisors, officers, office employ- ees, truck drivers, and maintenance employees. An examination of the evidence upon which the Union's representation claim rests leads us to conclude that no sufficient showing has been made of representa- tion among the employees in the alleged appropriate unit to warrant an investigation at the present time. A statement prepared by the Regional Director and introduced in evidence discloses that the Union submitted 107 authorization cards; ' that all of the 107 cards bear what appear to be genuine original signatures; but that only 79 of these signatures correspond to names of employees on the Com- pany's pay roll of April 17, 1942. This pay roll shows a total of 305 employees, approximately 290 of whom were in the unit alleged to be appropriate. We find that no question has arisen concerning the representation of employees of the Company, and shall order that the petition be dismissed .2 The cards were dated as follows : 1 in September 1941 19 in February 1942 28 in December 1941 2 in March 1942 37 in January 1942 20 undated 2Matter o f Smith Cabinet Manufacturing Company and United Brotherhood of Car- penters and Joiners , 36 N. L. R. B. 368; Matter of Montgomery Ward & Company and O)fiae Employees Union No. 16821 , A. F. of L., 31 N. L. R. B. 912. AMERICAN MANUFACTURING COMPANY 997 ORDER Upon the basis of the above findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of American Manufac- turing Company, at its St. Louis Cordage Mills, St. Louis, Missouri, filed by Upholsterers' International Union, Local No. 187, A. F. of L., be, and it hereby is, dismissed.