Meyers Brothers

National Labor Relations Board - Board Decisions

Feb 21, 1946

65 N.L.R.B. 1342 (N.L.R.B. 1946)

In the Matter of EDWARD J. MEYERS AND H. G. MEYERS, CO-PARTNERS,
D/B/A MEYERS BROTHERS and AMALGAMATED CLOTHING WORKERS OF
AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANI-
ZATIONS
Case No. 9-R-1953.-Decided Febrwry 01, 1946
Messrs. William H. Townsend and John L. Davis, both of Lexing-
ton, Ky., for the Company.
Mr. Frederick P. Matt, of Chicago, Ill., Mr. Nick Marsella, of
Indianapolis, Ind., and Mr. Marshall Livingston, of New Albany, Ind.,
for the Union.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Clothing Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation, of em-
ployees of Edward J. Meyers and H. C. Meyers, Co-partners, d/b/a
Meyers Brothers, Lexington, Kentucky, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before James A. Shaw, Trial Examiner. The
hearing was held at Lexington, Kentucky, on November 5, 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
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
Edward J. Meyers and H. G. Meyers, Co-partners, doing business as
Meyers Brothers, operate one plant located at Lexington, Kentucky,
65 N. L. R. B., No 221.
1342
MEYERS BROTHERS 1343
where they are engaged in the manufacture of women's riding apparel
and ladies' sportswear. The principal raw materials used by the Com-
pany are woolen cloth, thread, and cotton material. During the past
12-month period the Company purchased raw materials having a
value in excess of $100,000, all of which was obtained from points lo-
cated outside the State of Kentucky. During this same period sales
of the Company's finished products were valued in excess of $100,000,
of which more than 95 percent was shipped by the Company to points
located outside the State of Kentucky.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.1
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 seeks a unit comprising all production and maintenance
employees of the Company, including the pants department forelady,
the coat department forelady, and the head tailor, but excluding all
office and clerical employees, and supervisory employees having author-
ity to hire and discharge. The Company opposes the unit sought only
insofar as it desires to exclude the pants department forelady, the coat
department forelady, and the head tailor.
Apart from Edward J. Meyers, the working partner, the supervisory
hierarchy of the plant consists of a general manager, under whom are
the three department supervisors in dispute who direct the activities
of approximately 57 employees.
1 The Field Examiner reported that the Union submitted 39 authorization cards bearing
the names of employees listed on the Company ' s pay roll of October 6, 1945, and that the
cards are dated September 1945. There are approximately 57 employees in the appro-
priate unit.
679100-46-vol 65-86
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pants department forelady: There are approximately 30 employees
in the pants department. The record discloses that the duties of the
forelady of the , pants department consist of training new employees
in the machine operations peculiar to the department ; distributing
work to the machine operators; ensuring that alterations are made
when required; and periodically inspecting finished work of the oper-
ators and returning it when necessary for correction . She may
change the work of any employee from one operation to another. A
company employment record for 1944 concerning this employee, a
photostatic copy of which was introduced into evidence, describes her
job classification as "Forelady-machine operators." She is paid a
regular weekly salary which includes compensation for holidays, as
contrasted with the "piece work" pay of other employees . Other em-
ployees regard her as their supervisor , and, on occasion , questions con-
cerning wage increases have been directed to her. The record further
discloses that the general manager discusses with her matters concern-
ing the capabilities of new girls and that when a new employee is un-
able to learn the operations she is told by him to "try some more, keep
her on a few days longer , or else let her go." She also has exercised
her authority to allow employees to take time off. Considering the
small staff claimed by the Company to be supervisory, these facts are
sufficient to warrant the conclusion that this forelady is a supervisory
employee within the meaning of our customary definition. Accord-
ingly, we shall exclude her from the unit.
Coat department foreladyy: There are approximately 13 employees
in the coat department. The record discloses that the duties of the
coat department forelady consist of training new employees in the
machine operations peculiar to the department ; distributing work
to the machine operators ; inspecting finished work and returning it
to the operators for correction when necessary ; and maintaining
records of all garments which are worked on in the department. A
company employment record for 1944 concerning this employee, a
photostatic copy of which was introduced into evidence , describes her
job classification as "Coat-shop forelady. " She too, is paid a regular
weekly salary, which includes compensation for holidays, as contrasted
with subordinate employees whose pay is dependent upon the opera-
tions they perform. She has exercised the prerogative of allowing
employees to take "time off." When the general manager suggests that'
a certain number of people may be laid off because of the shortage
of work, she discusses with him the individuals to be laid off. Froin
time to time she discusses with the general manager the capabilities
of workers in the department. While this employee participates, to
some extent, in the production process, we feel that her position is
basically the same as the forelady of the pants department. Accord-
ingly, we shall exclude her from the unit.
MEYERS BROTHERS 1345
Head tailor: There are approximately eight employees in the fin-
ishing department which is supervised by the head tailor. The head
tailor puts in the sleeves and generally supervises the final completion
of the garments. He is paid by the week as contrasted with subordinate
employees whose pay is dependent upon the operations they perform.
The record discloses that he is "in charge" of the department. Al-
though he has not "yet" had occasion to inform the general manager
that an employee is not doing his work properly, apparently he is
expected to make such reports. And it appears from the record that
the general manager is his son. As a department head, it would seem
that he occupies an analogous position to that of the foreladies of the
pants and coat departments. Accordingly, we shall exclude him from
the unit, in accordance with the Company's contention.
We find that all production, and maintainence employees of the
Company, excluding all office and clerical employees, the pants de-
partment forelady, the coat department forelady, the head tailor, 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 mean-
ing 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 Elec-
tion herein, 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 Rela-
tions 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 Edward J. Meyers
and H. G. Meyers, Co-partners, doing business as Meyers Brothers,
Lexington, Kentucky, 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 Ninth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
10 and 11, of said Rules and Regulations, 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 em-
ployees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Amalgamated
Clothing Workers of America, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining.