American Spectacle Co., Inc.

National Labor Relations Board - Board Decisions

Feb 8, 1943

47 N.L.R.B. 377 (N.L.R.B. 1943)

In the Matter Of AMERICAN SPECTACLE Co. INC. and UNITED OPTICAL
WORKERS UNION, LOCAL 208, C. I. O.
In the Matter Of AMERICAN SPECTACLE CO. INC. and OPTICAL WORKERS
UNION, LOCAL 22732, A. F. OF L.
Cases Nos. R-4786 and R-4787, respectively.-Decided February
8,1943
Jurisdiction : sun glasses and goggles manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation that Company refused to grant either of competing organizations recog-
nition until certified by the Board; election necessary.
Unit Appropriate for Collective Bargaining : factory employees at Company's
two plants found to constitute an appropriate unit notwithstanding request of
one of organizations involved for a single -plant unit , when the two plants
constituted a single interrelated enterprise.
Mr. Julian C. Soria, of New York City, for the Company.
Boudin, Cohen & Glick-stein , by Mr. Victor Rabinowitz, of New
York City, for the C. I. O.
Buitenkant cC Cohen, by Mr. Jacques Buitenkant, of New York City,
for the A. F. of L.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by United Optical Workers Union, Local
208, C. I. 0., herein called the C. I. 0., and by Optical Workers Union,
Local 22732, A. F. of L., herein called the A. F. of L., alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of American Spectacle Co. Inc., herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before Helen
F. Humphrey, Trial Examiner. Said hearing was held at New York
City on January 20, 1943. The Company, the C. I. 0., and the A. F.
of L. appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses , and to introduce
47 N. L. It. B., No. 48.
377
378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
evidence 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 Spectacle Co. Inc., is a New York corporation having its
principal office and place of business at 136 West 52nd Street, New
York City, and maintaining a branch factory at 518 West 57th Street,
New York City. Since 1921, when it was incorporated, the Company
has been continuously engaged in the business of manufacturing sun
glasses and goggles . During the 6 months preceding the hearing
it purchased raw materials valued in excess of $10,000, 90 percent of
which was shipped to it from points outside the State of New York.
During the same period the Company manufactured finished products
valued in excess of $10,000, 90 percent of which was shipped to pur-
chasers outside the State of New York. The Company produces
materials for war purposes.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Optical Workers Union, Local 208, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
Optical Workers Union Local 22732, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question affecting representation has
arisen in that both unions requested collective bargaining rights of
the Company, which has refused to recognize either organization until
one of them is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that both unions represent a substantial number
of employees in the unit hereinafter found appropriate.'
1 The Rexiohal Director reported that the C . I. O. submitted 60 cards which bore appar-
ently genuine original signatures and were dated between November 13 and 24, 1942;
that 34 of the cards submitted were signed by persons whose names appeared on the Com-
pany's pay roll of December 17, 1942; that 4 of the 34 cards were signed by persons in the
52nd Street plant which had 42 employees as of the pay-roll date ; and that 30 cards
bore the names of persons working in the 57th Street plant which had 76 employees.
The Regional Director also reported that the A . F. of L. submitted 57 cards all of
which bore apparently genuine original signatures are were dated between November 17
AMERICAN SPECTACLE CO. '.INC. 379
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 parties agree that a unit consisting of all factory employees,
including printing employees and porters and excluding supervisory
and clerical employees, is appropriate. The A. F. of L. contends,
however, that employees within the agreed classifications employed
at both the 52nd Street and 57th Street plants together constitute a
single appropriate unit. The Company also prefers a single unit
including employees of both plants, whereas the C. I. v0. contends
that the unit should be confined to employees in the 57th Street plant.
On December 31, 1941, the Company entered into a closed-shop con-
tract with the C. I. 0., which expired on December 31, 1942. The
contract covered only employees at the 52nd Street plant, which was
the sole plant the Company then operated.
In August 1942 the Company received war contracts which neces-
sitated the expansion of its personnel. At first the Company at-
tempted to keep its production unit intact by leasing additional space
in the building housing its original factory on 52nd Street. When the
problem of additional space became still more acute, however, it
rented space in the 57th Street building and placed there many of the
employees who had formerly worked in the 52nd Street plant along
with newly hired employees. Since that time production in both
plants has progressed along similar lines. Some operations, such as
sewing, assembling, and inspecting are performed in both plants, while
others, notably edging lenses, which requires the use of a particular
kind of machine, are performed at the 52nd Street plant and the mate-
rials then taken to the 57th Street plant where they are further
processed. Hiring is done at both plants but employees hired at one
plant are sometimes assigned to the other.. The clerical, managerial,
and top supervisory functions are performed at, and personnel mat-
ters controlled from, the 52nd Street plant. A single pay roll is
maintained for both plants and the same wage scales and vacation
privileges prevail at both plants. Employees are sometimes trans-
ferred from one plant to the other depending upon the nature of the
work to be done.
The above facts show that the two plants constitute a single inter-
related enterprise, characterized by a close interrelation and inter-
dependence of functions and operations, interchange of employees, and
and December 10, 1942; that 43 of the cards were signed by persons whose names appeared
on the pay roll of December 17, 1942; that two of the 43 cards were signed by persons
employed in the 52nd Street plant and that 41 cards bore the names of persons working
in the 57th Street plant.
380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
uniformity of policy and control. There also exists a clear community
of interest among the employees of both plants due to similarity of
work, wage scales, and working conditions. In view of these cir-
cumstances we find that a single unit composed of employees of both
plants is appropriate.
We find that all factory employees of the Company at its 52nd Street
and 57th Street plants, including printing employees and porters, but
excluding supervisory and clerical employees, constitute a unit appro-
priate for the purposes 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, 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 Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to. ascertain representa-
tives for the purposes of collective bargaining with American Spectacle
Co. Inc., New York City, 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 Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section 10,
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, includ-
ing employees who did not work during said pay-roll period because
they will ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Optical Workers Union, Local 208,
affiliated with the Congress of Industrial Organizations, or by Optical
Workers Union, Local 22732, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.