Wilson Athletic Goods Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Feb 27, 1943

47 N.L.R.B. 1222 (N.L.R.B. 1943)

In the Matter of WILSON ATHLETIC GOODS MFG. Co., INC. and
TEXTILE WORKERS UNION OF AMERICA
Case No. R-4899.-Decided Februarij 07, 19/x3
Jurisdiction : baseball manufacturing industry.
Investigation and Certification of Representatives : existence of question . recog-
nition refused without prior certification of Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Schenectady plant of company, with specified inclusions and
exclusions
Mr. Marshal Wiedel, of Chicago, Ill., for the Company.
Mr. Jack Rubenstein, of New York City, and Mr. Joseph, Killian, of
Co hoes, N. Y., for the Union.
rlfr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Textile Workers
Union of America, herein called the Union, alleging that a question
affecting commerce had arisen' concerning the representation of employ-
ees of Wilson Athletic Goods Mfg. Co., Inc., Schenectady, New York,
herein called the Company, the National Labor Relations Board pro
vided for an appropriate hearing upon due notice before Cyril W.
O'Gorman, Trial Examiner. Said hearing was held at Schenectady,
New York; on-February 12, 1943. The Company and the Union ap-
peared and participated at the hearing.' 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wilson Athletic Goods Mfg. Co., Inc., is a Delaware corporation
with its principal place of business at Schenectady, New York, where
1 Although Successor to General Sports Goods Mfg Co Industrial Council was served
with notice of hearing it did not appear
47 N. L R. B No. 146
1222
'WILSON ATHLETIC GOODS MFG. CO., -INC. 1223
it is engaged in the manufacture, sale, and distribution of baseballs:
Approximately 80 percent of all raw materials used by the Company
is shipped to it from points outside the State of New York. During
the ' 6=month period' preceding February 1, 1943, the Company manu-
factured finished products valued in excess of $350,000, approximately,
90 percent of which was shipped to points outside the State of New
York.
IT. THE ORGANIZATION INVOLVED
Tektil'e Wdrke'rs Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses-to recognize the Union as exclusive representa-
tive of its employees until such time as the Union is certified by the
Board. -
. A statement of the Regional Director, introduced into. evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
We find that ^a question affecting commerce has arisen concerning
the representation of the employees of-the. Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT, -
The Union contends that all production and maintenance employees
at the Schenectady plant of the Company, including the machinist,
machinist's helper, janitor, janitress, and shipping clerk, but exclud-
ing executives, supervisory employees, foremen, foreladies, office and
clerical employees, and the first-aid attendant, constitute an appro-
priate unit. The only controversy with respect to the unit concerns
the first-aid employee. . The Union would exclude her from the unit
and the Company would include her.
The first-aid attendant is engaged solely in administering first aid
and works in the dispensary separated from the remainder of the
employees. She is paid on a salary basis in contrast to other employees
who work on a piece,-work basis. Inasmuch as her duties are dissimilar
to those of the other employees in the unit, we shall exclude her. from
the unit.
We find that all production and maintenance employees at the
Schenectady plant of the Company, including the machinist, machin-
2 The Regional Director reported that the Union presented 88 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of November 1, 1942. There are approximately 160 employees in the
appropriate unit
1224 DECISIONS-OF NATIONAL' LABOR RE1ATIONS ' BOARD
ist's helper, janitor, janitress, and shipping clerk, but excluding execu-
tives, 'supervisory employees, foremen, foreladies, office and clerical
employees, and the 'first-aid attendant, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion.9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen 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.:
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 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 Wilson ' Athletic
Goods Mfg. Co., Inc., Schenectady, New-York, 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, Section 10, 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
preceding the date of this Direction, including any such 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, to determine whether or, not they desire to be
represented by Textile Workers Union of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.