California Manufacturing Co.

National Labor Relations Board - Board Decisions

May 27, 1944

56 N.L.R.B. 1005 (N.L.R.B. 1944)

r
In the Matter of CALIFORNIA MANUFACTURING COMPANY and UNITED
GARMENT WORKERS OF AMERICA, A. F. OF L.
Case No. 17-R--838.-Decided May 27, 1944
Messrs. L. J. Handleman and Ray Epstein, of California, Mo., for
the Company. _
Mr. Edwin H. Stern, of St. Louis, Mo., and Mrs . Ruda Rutcher, of
California, Mo., for the United.
Messrs. Adolph B. Nesbit and J. W. King, Sr., of St. Louis, Mo.;
for the Amalgamated. -
Mr. Louis Cokin, of counsel to the Board.
DECISION °
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Garment Workers of America,
A. F. of L., herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees of
California Manufacturing Company, California, Missouri, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert S. Fousek,
Trial Examiner. Said hearing was held at California, Missouri, on
May 10, 1944. The Company, the United, and Amalgamated Clothing
Workers of America, C. I. 0., herein called the Amalgamated, ap-
peared, 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 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
California Manufacturing Company is a partnership operating a
plant at California,' Missouri , where it is engaged in the manufacture
56 N. L. R. B, No. 177.
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1006 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of trousers and jackets., The Company receives in excess of $50,000
annually for its services. Ninety-five percent of the materials used
by the Company is shipped to it from points outside the State of Mis-
souri. Almost all materials produced by the Company are shipped
by it to the Kansas City Quartermaster Depot at Kansas City, Missouri.
The Company admits that it is engaged in commerce within the
.meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Clothing Workers of America is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
United Garment Workers of America is a labor- organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 10, 1944, the United requested the Company to recog-
nize it as the exclusive, collective bargaining representative of its
employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the United and the Amalgam-
ated each represents a substantial number of employees in the unit
hereinafter found to be appropriate.'
We And 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
We find, in accordance with a stipulation . of the parties , that all
production and maintenance employees of the Company , including
packing-room employees and watchmen , but excluding clerical em-
ployees and supervisory employees with authority to hire, promote,-
discharge , discipline , or otherwise effect changes in the status of
employees , 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
.1
We shall direct that the question concerning representation which
has arisen be resolved by means'of an election by secret ballot among
The Field Examiner reported that the United presented ' 222 authorization- cards-
There are approximately 240 employees in the appropriate unit. He further reported that
'the Amalgamated presented 148 authorization cards.
CALIFORNIA MANUFACTURING COMPANY 1007
the 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.
1 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 Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with California Manu-
facturing Company, California, Missouri, 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 super-
vision of the Regional Director for the Seventeenth 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 immedi-
ately 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 any 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
Amalgamated Clothing Workers of America, C. I. 0., or by United
Garment Workers of America, A. F. of L., for the purposes of
collective ,bargaining, or by neither.