Sewell Hats, Inc.

National Labor Relations Board - Board Decisions

Jun 28, 1943

50 N.L.R.B. 883 (N.L.R.B. 1943)

In the Matter Of SEWELL HATS, , INCORPORATED and CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-5477.-Decided June 28, 1943
Mr. Clifford R. Wheeless and Mr. 0. C. Hancock, of Atlanta, Ga.,
for the Company.
Mr.-R. C..Thomas and Mr. C. H. Gillman, of Atlanta, Ga., for the
Union.'
Miss Marcia Hertz^mark, of counsel to the Board.
DECISION
AND.
DIRECTION 1OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Congress of Industrial Organizations,
herein- called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Sewell
Hats, Incorporated, Red Oak, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Dan M. Byrd, Jr., Trial Examiner.
Said hearing was held at Atlanta, Georgia, on June 2, 1943. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from, prejudicial error
and•'are. hereby,:; affirmed. All,,ptrties were afforded 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
Sewell Hats, Incorporated, is a Georgia corporation engaged in
the manufacture of wool hats at, Red Oak, Georgia. During 1942
the Company purchased raw,-materials valued in-excess of $50,000,
in excess of 50 percent of which was shipped from points outside the
State of Georgia. During the same period the Company manu-
50 N. L. R. B., No. 128.
883
884 DECISIONS OF NATIO\AL rLABOR. RELATIONS BOARD
factured finished products valued in excess of $100,000, more than 50
percent of.which was shipped to points outside the State of Georgia.
c
II. THE ORGANIZATION INVOLVED
•s ^I'
The Congress of Industrial Organizations is a labor
admitting to membership employees of the Company.'
organization
III . (THE QUESTION CONCERNING REPRESENTATION
By letter dated May 12 , 1943, the Union requested' recognition as
the exclusive bargaining representative of the Company 's employees.
Attempts of the parties to arrange a conference proved . unsuccessful.
The Company has not recognized the Union I as the iepresentative'of
its employees.
A statement of the Trial Examiner which was introduced in evi-
dence shows that the Union represents a' substantial number of em-
ployees 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 meaning
of Section 9 (c.) and Section 2 (6) and (7), of the Act.
IV. THE APPROPRIATE UNIT
The Union' seeks a unit composed ' of all ' production aiid Maint'e-
'nance employees , excluding supervisors ' and , clerical workers. - The
Company contends that • lalf employees excluding officers of'the'Com-
pany constitute an appropiiate unit:
it appears from the record that the cle 'rical''employ'ees gory iii'the
office and have little o r no contact with 'the'production and' niainte-
nance = elrip1oyees .. We shall ' exclude them 'from '`th'e'unit. "Although
it is not clear from 'the evidence how'many 'supervisor`s 'are' eniployed
by the Company ,' we shall follow ' of r'usual policy' arid' exclude 'super-
visory employees as set forth below.
We find` that all ' producti'on'and maintenanceemploye'es of the Com-
pany, excluding clerical employees and all supervisory employees with
IIt appears from the record that the CIO does not have an International Union which
organizes the type of employees involved herein . ; Its practice under the circumstances
is to issue an industrial union charter 'and later transfer these employees to the appropri-
ate International Union.
z The-Trial- Examiner 's report discloses that the Union submitted ' 40 authorization cards,
all bearing apparently, genuine, original signatures , and 36 bearing names.of , persons whose
names appear on the Company ' s pay roll of May 11, 1943 ; , the pay roll contains the names
of,63 persons within the unit hereinafterlfound,appropriate. "
The Company asserted at the hearing and in, its brief that the Union obtained the afore-
mentioned cards through 'intimidation and fraud, in that employees were told that they
would not be permitted to work if they refused to join the Union - Since the Union is seek-
ing an election , 'and not certification upon the record , we will not consider the evidence on
this question See Matte of Caesar Manufacturing, Inc, 49 N .' L"R -B. 1045, and cases
cited therein.'
SEWELL HATS, INCORPORATED 885
authority to hire, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. I
V. THE DETERMINATION OF REPRESENTATIVES
The Union requested, and the Company agreed to, the use of the pay
roll of May 12, 1943, to determine eligibility to vote. Under the cir-
cumstances of this case, 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 em-
ployed; during the pay-roll period immediately preceding May 12,
1943, 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
Gabor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 Sewell Hats, In-
corporated, Red Oak, Georgia, 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 Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticleIII, Section 10, of said Rules and Regulations,, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding May 12,
1943, including employees who did not work during said pay-roll pe-
riod because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Congress of Industrial Organ-
izations for the purposes of collective bargaining.
CHAIRMAN Maras took no part in the consideration of the above
Decision and Direction of Election.
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