Kamen Products Co., Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1944

56 N.L.R.B. 1345 (N.L.R.B. 1944)

I
In the Matter of KAMEN PRODUCTS Co., INC. and TEXTILE WORKERS
UNION OF AMERICA, GREATER NEW YORK JOINT BOARD, C. I. O.
Case No. 20-1t-4640.Decided June 10, 1944
Solomon cI Schein, by Mr. Aaron L. Solomon, of New York City,
for the Company.
Mr. David N. Fields, of New York City, for the C. I. O.
Mr. Thomas Powers, of New York City, for the A. F. L.
Mr. Joseph Lepie, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
Greater New York Joint Board, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Kamen Products Co., Inc., New York
City, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Leon
Novak, Trial Examiner. Said hearing was held at New York City on
May 22 and 24, 1944. At,the hearing, the Trial Examiner granted a
motion to intervene made by the Sailmakers and Canvas Workers
Union, Port of New York, Local 16719, A. F. of L., herein called the
A. F. L. The Company, the C. I. 0., and the A. F. L. 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 an 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
Kamen Products Co., Inc., is a New York corporation, with plants
at 327 De Kalb Avenue and 53 Hope Street, Brooklyn, New York.
56 N. L . R. B., No. 239.
1345
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
This proceeding concerns the employees in the plant located at 53 Hope
Street, where the'Company is engaged in the manufacture of canvas
products. During the year 1943, the Company purchased raw mate-
Iials valued at approximately $700,000, of which 90 percent was shipped
to the Hope Street plant from points outside the State of New York.
During the same period, the Company's finished products amounted in
value to approximately $1,250,000, of which a substantial portion was
shipped to points outside 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
Textile Workers Union of America, Greater New York Joint Board,
affiliated with the Congress of Industrial Organizations, is a' labor
organization admitting to membership - employees of the Company.
Sailmakers and Canvas Workers Union, Port of New York, Local
16719, affiliated with the American, Federation of Labor, is 'a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 10, 1944, the C. I. O. advised the Company it represented
a majority of the Company's employees at the Hope Street plant and
requested recognition as their exclusive bargaining representative.
The Company refused this request on-the ground that its Hope Street
plant employees were covered by a valid and existing contract with
the A. F. L.,
Both. the Company and the-A. F. L. contend that their agreement,
dated March 9, 1943, and effective until June 30, 1944, constitutes a
'bar to this proceeding. ' However, since this agreement will expire
less than 1 month from the present time it does not preclude a present
,determination of representatives."
A statement of a Board agent, introduced into evidence at the hear,-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that i 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.'
' Matter of Flintkote Company,,55 N. L. R: B. 1442. .
a The Field Examiner reported that the C. I. O. submitted 106 designations and that the
names of 92 persons appearing on the designations sere listed on the Comany's pay roll
of'April 20, 1944, which contained the names of 173 employees in the alleged appropriate
unit. The A. F. L. relies on its contract as evidence of its interest in this proceeding.
KAMEN PRODUCTS CO., INC. 1347
IV. THE APPROPRIATE UNIT
The•C. I. 0., the A. F. L., and the Company agree that all produc-
tion, maintenance , and shipping employees of the Company at its
Hope Street plant, excluding clerical and office employees ; executives,
and supervisory employees with authority to hire, promote , discharge,
discipline , or otherwise effect changes in the status of employees, or
effectively recommend such action , constitute an appropriate Unit .3
The parties are in disagreement , however, with respect to the inclusion
of William Seelig , the C. I. O.'desiring his exclusion on the ground
that he is a supervisory employee, and the Company and the A. F. L.
requesting his inclusion. - -
'Seelig is at present included in the unit covered by the Company's
contract with the A . , F. 'L. He is employed as a cutter on the ,days
shift, and works with a group of employees located on the third floor
of the Hope Street plant consisting of one other cutter and two assist-
ant cutters . The' two remaining cutters on the day shift work as a
group on the first floor. The Company does not 'have a foreman in
charge,of the day shift cutters. Although Seelig is designated on the
Company's pay roll as a "cutter foreman," he merely carries out,
jointly with the other members of his group , the instructions which he
personally receives -from the Chief of Operations in respect to the
work of the group. Seelig has no authority to hire, discharge, or
effectively recommend any change in status of the members of his
group. He is 'an hourly paid worker , as are the other cutters, and
receives the same rate of pay. All Company foremen listed as super-
visors on the pay roll are salaried employees who spend most of their
time directing the work of others. Inasmuch as Seelig is not a super-
visory employee , within the meaning of our customary definition, we
shall include him in the unit.
We find that all production, maintenance , and shipping employees
of the Company at its Hope Street plant, including the day shift
"cutter foreman ," but excluding clerical and office employees , execu-
tives, 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. , -
'The existing contract covers the Company's "Canvas Department ." The parties agree
that this is the same unit which the-C I. O. seeks , the Hope Street plant being commonly
called the "Canvas Department." ,
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1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
employees 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 4
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kamen Products
Co., Inc., New York City, an election by secret ballot shall be con-
ducted 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 10 and 11, of said Rules and Regulations, among thei
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 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 they desire to be represented by Textile
Workers Union of America, CIO or by Sailmakers and Canvas Work-
ers Union, Port of New- York, Local 16719, A. F. of L:, for the pur-
poses,of collective bargaining, or by neither.
The C. I. O. and the A. F. L. requested that they be designated on the ballot as their ,
names appear in the Direction of Election.