Henry I. Siegel Co.

National Labor Relations Board - Board Decisions

Jan 28, 1943

47 N.L.R.B. 74 (N.L.R.B. 1943)

In the Matter of HENRY I. SIEGEL, DOING BUSINESS AS HENRY I. SIEGEL
COMPANY and AMALGAMATED CLOTHING WORKERS OF AMERICA
C. I. O.
Case No. R-47792.Decided January 08, 1943
Jurisdiction : garment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to bargain ; eligibility determined by pay-roll preceding date of lock-
out when plant was not in operation at time of hearing ; election necessary.
Unit appropriate for Collective Bargaining : all production and maintenance
employees, excluding office clerical employees, supervisory employees, and con-
fidential secretaries to company bfficials.
Mr. Ralph S. Clifford, for the Board.
Mr. Arnold F. Marthenke, of Dickson, Tenn., and Mr. Carl F.
Albrecht, of Atlanta, Ga., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon 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 Henry I. Siegel, doing business as Henry I. Siegel Com-
pany, Dickson, Tennessee, herein called the Company, the National
Labor Relations Board provided for.an appropriate hearing upon
due notice before Paul L. Styles, Trial Examiner. Said hearing was
held at Dickson, Tennessee, on January 16,, 1943. The Board and the
Union appeared and participated in the hearing. 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.
' Although the Company and United Garment Workeis of America, A F. of L, were
served with notice, they did not appear at the hearing
47 N. L. R. B , No. 12.
74
HENRY I. SIEGEL COMPANY 75
,Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Henry I. Siegel, doing business as Henry I. Siegel. Company, oper-
ates a plant at Dickson, Tennessee, where he is engaged in the manu-
facture, sale, and distribution of men's and boys' pants. Approxi-
mately 95 percent of all materials used by the Company is shipped
to it from points outside the State of Tennessee, and approximately
85 percent of the Company's manufactured products are shipped to
points outside the State of Tennessee. The Company employs ap-
proximately 700 persons.
II. THE ORGANIZATION 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.
III. THE QUESTION CONCERNING REPRESENTATION
On January 11, 1943, the Union requested the Company to recog-
nize it as the exclusive bargaining representative of the Company's
employees. The Company refused this request.
Testimony of a Field Examiner of the Board during the hearing
indicates that the Union represents a substantial number of the
employees in the unit hereinafter found to be appropriate.2
We find that a, question affecting commerce has arisen concerning
the representation of employees of, the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance em-
ployees at the Dickson plant -of the Company, including office cleri-
cal employees, but excluding supervisory employees and confidential
secretaries to Company officials, constitute an appropriate unit. The
Company was not represented at the hearing 'and took no position
with respect to the unit.
As stated above, the Union contends that office clerical employees
should be included in the unit. The record does not indicate whether
or not the Union has any substantial representation among such
2 The Field Examiner testified that the Union presented 469 membership application
cards bearing apparently genuine signatures There are approximately 700 employees
in the appropriate unit The Company refused to submit its pay roll although it was
subpenaed Tor that purpose.
76• DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, and since no affirmative showing has been made nor any
compelling reasons advanced as to why we should'depart from our
usual practice of excluding clerical employees from units largely com-
posed of production and maintenance employees, we shall exclude the
office clerical employees from the unit.
We find that all production and maintenance employees at the
Dickson plant. of the Company, excluding office clerical employees,
supervisory employees, 'and confidential secretaries to company offi=
cials , constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act. ,
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation- can best be
resolved by means of an election by secret ballot. At the time of the
hearing, an alleged lock-out by the Company on January 6, 1943, was
still current and the entire Dickson plant of the Company was shut
down. The Union requests that.the payroll immediately preceding
January 6, 1943, be used to determine eligibility to vote. In view of,
the fact that the plant has not been in operation since January 6,
1943, and under all the, circumstances we shall direct that the em-
ployees eligible to vote shall be those in the appropriate unit whose
names appear-on the Company's pay roll immediately preceding Jan-
uary 6, 1943, subject to the limitations and additions set forth in the
Direction of Election, herein.
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 Henry I. Siegel,
doing business as Henry I. Siegel Company, Dickson, Tennessee, 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 Tentli Re-
gion , acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding January 6, 1943, including any such 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'
i
HENRY T. SIEGEL COMPANY 77
of the United States who present, themselves in person at the polls,
but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Amalga-
mated Clothing Workers of America, affiliated with the Congress of
.Industrial Organizations, for the purposes of collective bargaining.