Blough Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1945

63 N.L.R.B. 441 (N.L.R.B. 1945)

In the Matter of BLOUGH MANUFACTURING COMPANY and INTERNA-
TIONAL LADIES' GARMENT WORKERS' UNION, LOCAL No. 108, AFL
Case No. 4-B-1728.-Decided August 21, 1945
Metzger and Wickersham by Mr. F. Brewster Wickersham, of Har-
risburg, Pa., and Mr. Henry H. Salzberg, of New York City, for the
Company.
Mr. Sidney G. Handler, of Harrisburg, Pa., for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Ladies' Garment Work-
ers' Union, Local No. 108, AFL, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Blough Manufacturing Company, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Herman Lazarus, Trial
Examiner. Said hearing was held at Harrisburg, Pennsylvania, on
May 23, 1945. 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 made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an 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
Blough Manufacturing Company, a Pennsylvania corporation, with
its principal place of business in Harrisburg, Pennsylvania, is engaged
in the manufacture and sale of play suits, sleepers, and overalls for
children. The Company operates plants in Harrisburg, Mount Holly
63 N L. It. B., No. 67.
441
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Springs, New Oxford, and Millerstown, all of which are in the
Commonwealth of Pennsylvania. During 1944, the Company pur-
chased materials valued in excess of $750,000, 90 percent of which was
shipped to the Company's plants from points outside the Common-
wealth of Pennsylvania. During the same year, the Company sold
finished products valued in excess of $1,000,000, 90 percent of which
was transported to points outside the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Ladies' Garment Workers' Union, Local No. 108,
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees.
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
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 Union contends that the following unit is appropriate : all
production and maintenance employees of the Company's Harrisburg
plant, including all stockroom employees, all employees in the shipping
department, warehousemen, firemen, watchmen, general laborers, and
janitors, but excluding all clerical and office employees, foremen,
executives, and all other supervisory employees. The Company agrees
with the Union's definition of the unit as it relates to specific composi-
tion, but maintains that only a unit consisting of employees of all four
of the Company's plants is appropriate.
As stated above, the Company's main plant is located at Harrisburg
and the branch plants are situated in Mount Holly Springs, Millers-
town, and New Oxford, about 16, 35, and 40 miles, respectively, from
Harrisburg. The Harrisburg plant is functionally a self-sufficient
unit, performing the operations of cutting, sewing, finishing, packing;
and shipping the finished garments. The three branch plants are,
'The Field Examiner reported that the Union submitted 67 authorization cards ; that
the names of 60 persons appearing on the cards were listed on the Company 's pay roll of
May 2, 1945 , which contained the names of 161 employees in the alleged appropriate unit.
BLOUGH MANUFACTURING COMPANY 443
engaged in sewing operations only. The sewing at the branch plants
is essentially the same as that carried on at the Harrisburg plant,
although the branch plants usually work only on certain types of
fabrics in order to maintain greater efficiency among the operators.
Approximately 40 to 50 percent of the garments sold are sewn at the
Harrisburg plant.
Each of the branch plants has its own foreman who is responsible
for the hiring and discharge of employees, subject to occasional super-
vision from the Harrisburg office. General personnel policies are
established by the Harrisburg office. The branch plants do not have
their own offices and all records are kept at Harrisburg with the excep-
tion of current piece-work records. Pay rolls are prepared at Harris-
burg for all the Company's plants but separate pay rolls are main-
tained for each plant. There is little if any interchange of employees
among the various plants on a permanent basis. All non-supervisory
employees of the branch plants and of the sewing department of the
Harrisburg plant are paid on a piece-work basis and the rate is the
same at all plants; however, the minimum rate of pay is 5 cents less
per hour at the branch plants.
The Company has no collective bargaining history. In 1932-33
and 1936-37, the Union attempted to organize employees of the Har-
risburg plant only, but it was not successful. In 1941 and 1942, the
International with which the Union is-affiliated attempted unsuccess-
fully to organize all of the Company's plants. Only employees of the
Harrisburg plant, to date, have shown an interest in self-organization.
While the functional interdependence of the Company's plants
would indicate the ultimate propriety of a four-plant unit, the previous
attempts by the International to organize all the Company's plants
have proved unsuccessful. Since the Harrisburg plant only has
shown an interest in collective bargaining, we are of the opinion that
a unit confined to the employees of this plant is appropriate at this
time.2 However, our finding that a unit confined to the Harrisburg
plant is appropriate will not preclude a later finding that a more in-
clusive unit is appropriate when organization has been extended to
the branch plants of the Company.
We find that all production and maintenance employees of the
Company's Harrisburg plant, including all stockroom employees, all
employees in the shipping department, warehousemen, firemen,
watchmen, general laborers and janitors, but excluding all clerical
and office employees, foremen, executives, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
2 See Matter of Neuman Cotton Mills, 58 N. L. R. B. 637.
444 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the Direction of
Election herein,3 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Blough Manu-
facturing Company, Harrisburg, Pennsylvania, 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 Fourth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by International Ladies' Garment Workers' Union, Local No. 108,
affiliated with the American Federation of Labor, for the purpose of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
s The Union requested that the eligibility date be established as the last pay-roll date
prior to March 16, 1945 because of the discharge of 17 employees on the latter date. Since
the discharges apparently occurred in the regular course of business, we see no reason to
depart from our customary practice in this regard.