Julius Schmid, Inc.

National Labor Relations Board - Board Decisions

Jan 1, 1945

59 N.L.R.B. 1372 (N.L.R.B. 1945)

In the Matter Of JULIUS SCHMID , INC. and COSMETIC WORKERS UNION,
LOCAL 22806, A. F. L. -
Case No. 2-R-4771.Decided January 1, 19A15
Mrs. Aneita P. B. Keating and Mr. Francis J. McDermott, of New
York City, for the Company.
Buitenkant d. Cohen, by Mr. Jacques Buitenkant, Miss Charlotte
Mayer, and Mr. S. Sanderman, of New York City, for the AFL.
Mr. Mae Mattis and Mr. Leonard H. 1T'acker, of New York City,
for the CIO.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Cosmetic Workers Union, Local 22806,
A. F. L., herein called=the AFL, alleging that a question affecting-
commerce had arisen concerning the representation of employees of
Julius Schmid, Inc., New York City, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before John J. Cuneo, Trial Examiner. Said hear-
ing was held at New York City on December 1, 1944. The Company,
the AFL, and Wholesale & Warehouse Workers Union, Local 65,
C. I. 0., herein called the CIO, appeared and participated. All par-
ties 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. Subsequent to the hear-
ing, the CIO in a letter dated December 23, 1944, herewith incorpo-
rated in the record, requested leave to withdraw as a party to this pro-
ceeding. The said request is hereby granted.
59 N. L. R. B., No. 253.
1372
JULIUS SCHMID, INC. 1373
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Julius Schmid, Inc., a New York corporation having plants in New
York City and Little Falls, New Jersey, is engaged in the manufac-
ture of prophylactics. This proceeding is concerned only with the
New York plant. During the year ending November 28, 1944, the
Company purchased raw materials, principally rubber, for use in its
New York plant, valued at substantially more than $5,000,- of which
approximately 75 percent was shipped to the New York plant from
points outside of the State of New York. During the same period
the Company manufactured at this plant finished products valued at
considerably more than $5,000, of which about 75 percent was shipped
to customers outside of the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Cosmetic Workers Union, Local 22806, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the AFL as the
exclusive bargaining representative for any of its employees until
the AFL has been certified by the Board in an appropriate unit.
A statement of a Board agent and other evidence introduced at the
hearing indicate that the AFL 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 parties agree generally that a unit comprising all employees,
excluding foremen, foreladies, assistant foreladies, principal shipping
' The Field Examiner reported, that the AFL submitted 56 authorization cards ; that the
names on 32 of the cards also appeared on the Company's pay roll of May 17, 1944, which
contained the names of 53 employees in the appropriate unit , and that the cards were
dated between October and December 1943. At the hearing the AFL submitted 19 addi-
tional designations The names on 18 of these designations also appeared on the aforesaid
pay roll Twelve of the cards were dated in September and October 1944, the balance were
undated.
1374 DECISIONS OF NATIONAL LABOR RELATIONS BOARD -
clerk, traffic manager, maintenance men, including the mechanic,
porters, supply or stock clerk, and all office and clerical employees
would constitute an appropriate unit. The sole disagreement among
the parties exists with respect to the matron, whom the-AFL would
exclude from' the unit, and whom the Company would include. The
matron is stationed in the ladies' room and takes care of the toilet
facilities and rest room. The unit agreed upon by the parties in-
cludes.only production employees; it is obvious from the description
of her duties that the matron more clearly falls within the category
of a maintenance employee, whom the parties agreed to exclude from
the unit. Accordingly, we shall exclude her from the unit.
We find that all employees of the Company at its New York plant,
excluding foreman, foreladies, assistant foreladies, principal shipping .
clerk, traffic manager, maintenance men, including the mechanic,
porters, matron, supply or stock clerk, all office and clerical em-
ployees, and all other 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.2
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 3, as amended, it is hereby
DIRECTED that,' as part of the investigation to, ascertain representa-
tives for the purposes of collective bargaining with Julius Schmid-,
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, Sections
'This is. substantially the same unit covered by a contract between the CIO and the
Company, which was terminated on December 1, 1944.
JULIUS SCHMID, INC. 1375
10 and 11, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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 or
not they desire to be represented by Cosmetic Workers Union, Local'
22806, A. F. L., for the purposes of collective bargaining.
618683-45-vol. 59-88