Wilson Athletic Goods Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 27, 1945

61 N.L.R.B. 780 (N.L.R.B. 1945)

In the Matter of WILSON ATIILETIC GOODS M ANUFACTURING COMPANY
and UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 9-R-171.5.-Decided April 07, 1945
Mr. M. R. S2canson, of Chicago, Ill., and Mr. W. P. Holmes, of Iron-
ton, Ohio, for the Company.
Mr. John Le Mawr, of Huntington, W. Va., and Mr. Wm. D. Mackay,
of Huntington, W. Va., for the C. I. O.
Mr. Hudson Jeffery, of Ironton, Ohio, for the Independent.
dlr. Isadore Engle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Wilson Athletic Manufacturing Company, Ironton, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Herbert J. Nester, Trial
Examiner. Said hearing was held at Ironton, Ohio, on March 13,
1945. The Company, the C. I. 0., and Independent Athletic Goods
Manufacturing Union, herein called the Independent, 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 reserved ruling upon the
motion of the C. I. O. to dismiss the Independent's motion to inter-
vene. For reasons hereinafter set forth, in Section II, infra, we hereby
deny the motion.' 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:
1 The American Federation of Labor , having early in the investigation claimed an interest,
was served with the Notice of Hearing but failed to submit any evidence in support of its
elaim or to make an appearance at the hearing.
61 N. L. R B., No. 126.
780
WILSON ATHLETIC GOODS MANUFACTURING COMPANY 781
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wilson Athletic Manufacturing Company is a Delaware corporation
located at Ironton, Ohio, where it is engaged in the operation of a
manufacturing plant. The Company's purchases of raw materials for
the calendar year 1944 were in excess of $20,000, 90 percent of which
material originated from points outside the State of Ohio. Finished
products were manufactured during the calendar year of 1944 which
were valued in excess of $20,000 and 90 percent of which was shipped
to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Independent Athletic Goods Manufacturing Union, unaffiliated, is
a labor organization admitting to membership employees of the
Company.2
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of the Company's production and
maintenance employees until the C. I. O. has been certified by the
Board in an appropriate unit. The Company has recognized the Inde-
pendent as such representative and has negotiated with it for the
purposes of collective bargaining, but no written contract has as yet
been executed.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the C. 1. O. represents a substantial number of
employees in the unit hereinafter found appropriate.3
2 The C I 0 moved to dismiss the Independent 's motion to intervene on the ground that
the Independent is company-dominated. The Trial Examiner , however , correctly ruled
that evidence on this issue would not be received in this proceeding. The Independent is
clearly a labor organization within the meaning of Section 2 ( 5) of the Act It was formed
as a result of organizational activities conducted in July 1944 by a group of employees who
thereafter selected representatives from various departments to negotiate with the Com-
pany ; these representatives have met on numerous occasions with the Company to discuss
grievances , and they have drawn up a tentative collective bargaining contract . As yet the
Independent has no constitution or bylaws , but it has recently retained counsel for the
purposes of assisting it in the preparation thereof. We have, therefore , denied the
C I O's motion to dismiss the Independent 's motion to intervene
3 The Field Examiner reported that the C . I. O. submitted 51 authorization cards, 47 of
which were dated between January 1 and February 5, 1945. and 4 of which were undated.
The Independent submitted 33 authorization cards all dated in February and March 1945.
The Company ' s pay roll contained the names of 70 persons in the alleged appropriate unit.
639678-45-vol. 61-51
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 are in general agreement that all the Company's produc-
tion and maintenance employees constitute an appropriate bargaining
unit. At the hearing testimony was elicited with regard to the inclu-
sion or exclusion of timekeepers, watchmen, and inspectors.
The record shows that the Company employs two timekeepers who
take. no part in actual production but are engaged solely in clerical
work. They are regarded as being office employees. Their duties con-
sist of recording all piece-work, and pricing all work performed on a
piece-work basis; they have access to various company records. In
accordance with our usual practice we shall exclude them from the
unit.'
The Company employs three watchmen who are not uniformed or
armed. In addition to their ordinary watchmen's duties they fire the
boiler and do general maintenance work. We shall accordingly
include them within the unit.'
The Company employs three inspectors who are paid by the hour and
report to the forelady 6 Their function is to pass on the quality of the
finished goods and they are responsible for the quality of the work-
manship ; they report any defects or irregularities to the forelady who
possesses effective authority to make recommendations effecting the
status of employees or take whatever disciplinary action is called for.
We shall include the inspectors within the unit.7
We find that all production and maintenance employees of the Com-
pany, including watchmen and inspectors, but excluding timekeepers
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employ-
ees, 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.
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 Election
4 See Matter of Cramp Shipbuilding Co., 37 N. L It. B 146.
5 See Matter of Grand Rapids Fibre Cord Company, 56 N L It. B 543.
6 This is true in the chenille department , in the soft -leather goods department there is no
forelady and the inspectors report to the plant manager
T See Matter of Howard Aircraft Corp ., 51 N. L R B 386
WILSON ATHLETIC GOODS MANUFACTURING COMPANY 783
herein, subject to the limitations and additions set forth in the
Direction.8
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 Wilson Athletic
Manufacturing Company, Ironton, Ohio, 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 supervi-
sion of the Regional Director for the Ninth Region, acting in this
matter as agent for the National Labor Relations Board, among the
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 United Steelworkers of
America, C. I. 0., or by The Independent Athletic Goods Manufac-
turing Union, for the purposes of collective bargaining, or by neither.
D At the hearing the parties requested that they be designated on the ballot in the manner
set forth in the Direction of Election , snfra. The request is hereby granted.