K. M.v.Inc.

National Labor Relations Board - Board Decisions

Feb 18, 1946

65 N.L.R.B. 1129 (N.L.R.B. 1946)

-In the Matter of K. M. V. INC. and K. M. V. EMPLOYEES ASSOCIATION
Case No. 2-R 604,4.Decided February 18,1946
Stern & Rubins, by Messrs. Benjamin H. Stern and Harry Buch-
man, of New York City, for the Company.
Mrs. Sylvia Heller Senate and Hiss Anna Sherman, of New York
City, for the Association.
Mr. Samuel M. Sacher, of New York City, for the C. I. O.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by K. M. V. Employees Association,
herein called the Association, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
K. M. V. Inc., New York City, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Richard J. Hickey, Trial Examiner. The hear-
ing was held at New York City, on January 3, 1946. The Company,
the Association, and the United Office and Professional Workers of
America, Local f, C. I. 0., herein called the C. I. 0., 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
1. THE BUSINESS OF THE COMPANY
K. M. V. Inc., is a corporation organized and doing business under
the laws of the State of New York, with its principal office and
place of business located at New York City. The Company is engaged
in rendering shipping services such as packaging, delivering, and bill-
ing of books and other publications for publishers.
65 N. L. R. B., No. 197.
1129
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the past year, the Company purchased raw materials, valued
in excess of $50,000, of which approximately 50 percent was shipped
to its place of business at New York City from points located outside
the State of New York. During the past year the Company shipped
books valued in excess of $2,000,000, of which approximately 50 percent
was shipped to points located outside the State of New York. The
Company received approximately $70,000 for rendering such shipping
services. Raw materials purchased by the publishers whose books were
shipped by the Company during the past year exceeded, $200,000, of
which approximately 50 percent was shipped from outside the State
of New York to the publishers' plants located within New York State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
K. M. V. Employees Association is an unaffiliated labor organization
admitting to membership employees of the Company.
United Office and Professional Workers of America, Local 1, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
Ill. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Association as
the exclusive bargaining representative of certain of its employees
until the Association has been certified by the Board in an appropriate
unit.
A statement of a Board agent, ilitroduced into evidence at the hear-
ing, indicates that the Association represents a 'ubstantial 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.
We find, in substantial accordance with the agreement of the unions,'
that all employees of the Company, including packers, office clerks,3
' The Board agent reported that the Association submitted its membership list, bearing
the names of 19 employees , listed on the Company's pay roll of November 9, 1945. The
C I 0 apparently relies on an expired contract with the Company as evidence of its
Interest in this proceeding There are approximately 29 employees in the appropriate
unit.
2 The Company raised no objection to the union agreement
3 From 1938 to 1943, the Company and the C. I 0 were bound by written collective
agreements covering all the Company ' s employees In 1943 and 1944 , contracts were also
executed by these parties, the only employees excluded from this coverage having been
supervisory personnel . Thus, the unit here found appropriate conforms to that which
underlay the bargaining relations between the Company and the C 1 0 for a number
of years. In these circumstances , we shall not disturb the unopposed agreement of the
unions to include office clerical employees . See Matter of Phoenix Iron Company, 38
N L R B 1320
K. M. V. INC. 1131
return clerks, stock clerks, bookkeepers, baggers, and porters, but ex-
cluding foremen, 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, con-
stitute a unit appropriate 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 eni-
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 Re-
lations 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 K. M. V. 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 aimed 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 determine
whether they desire to be represented by K. M. V. Employees Asso-
ciation, or by United Office and Professional Workers of America,
Local 1, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining, or by neither.