Monarch Clothing Co.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1505 (N.L.R.B. 1944)

In the Matter of MONARCH CLOTHING CO. and AMALGAMATED CLOTHING
WORKERS OF AMERICA, C. I. O.
Case No. 1-R-1901.Decided June 16, 1944
llr. Fisher Abramson, of New Bedford, Mass., for the Company.
Louise Gugino, and, Mr. Salvatore Commanto, of New Bedford,
Mass., for the Union.
Mr. Louis Colcin, 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 Monarch Clothing Co., New Bedford, Massachusetts, herein
called the Company, the National Labor Relations Board- provided
for an appropriate hearing upon due notice before John W. Coddaire,
Jr., Trial Examiner. Said hearing was held at New Bedford, Massa-
chusetts, on May 26, 1944. The Company and the Union appeared,
participated, and were afforded hill opportunity to be heard, to ex-
amine 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
Monarch Clothing Co. is,a partnership engaged in the sale and manu-
facture of boys' clothing at New Bedford, Massachusetts. During
1943 the Company'purchased raw materials valued at about $1,200,000,
approximately $1,000,000 worth of which was shipped to it from
points outside the State of Massachusetts. During the same period
the Company sold products valued at about $3,000,000, about $2,800,000
56 ' N. L. It. B., No. 269.'
1505
1506 DECISIONS OF ' NATIONAL LABOR RELATIONS BOARD
worth of which was shipped to points, outside the State of
Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National. Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to,,
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees.
A statement of a Field Examiner of, the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial 'number of employees in the unit. hereinafter found to be
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 Union urges a unit of all production employees of the Company,
excluding executives, supervisors, office and clerical employees, main-
tenance employees, watchmen, floor girls, and, shipping department
employees. The only controversy with respect to the unit concerns
shipping department employees. The Company would include such
persons in the unit. •
The shipping department employees disassemble bundles of mer-
chandise, allocate pieces of cloth for particular jobs, mark merchandise
for buttonholing and content, pack orders; close and mark containers,
and 'perform other' similar duties. It is clear that the shipping de-
partment_employees perform duties that are closely integrated with
the process of manufacturing. 'Accordingly, we shall, include the
shipping department employees in the unit. I
We find that all production employees of the Company, including
shipping department employees, but excluding office and clerical em-
ployees, maintenance employees, watchmen, executives, supervisors,
floor girls, and any 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
i The Field Examiner reported that the Union presented 216 authorization cards. There
are approximately 325 employees in the appropriate unit.
1
MONARCH CLOTHING CO. 1507
appropriate for the purposes of collective bargaining , within ' the
meaning of Section 9 (b) of the Act.
, V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of 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
Election herein, subject-to the limitations and additions set forth in
the Direction.
On March 22, 1944, the Union filed a petition. Thereafter, the Com-
pany and the ' Union entered into a consent election agreement. On
April 18, 1944, the date of the scheduled consent election, the Union
withdrew its petition. On May 9, 1944, the Union filed- its petition
in the instant proceeding. The Company contends that no election
should be held at'this time, but that the Union should be required to
wait 12 months from the date of the withdrawal of the petition of
March 22, 1944. We find the Company's position to be untenable, and
shall direct that an election be held in the immediate future.
DIRECTION OF ELECTION
By virtue A 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 Monarch Clothing
Co., New Bedford, Massachusetts, 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 First 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
the employees in the unit found appropriate in ' Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 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.0
t