Wilson Athletic Goods Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1015 (N.L.R.B. 1943)

In the Matter of LOWE & CAMPBELL DIVISION , WILSON ATHLETIC GOODS
MFG. Co., , INC. and KANSAS CITY , JOINT BOARD , AMALGAMATED
CLOTHING WORKERS OF AMERICA , AFFILIATED WITH THE C. I. O.
Case No. R-5-517-Decided June 30,1914
Mr. Robert S. Fousek, for the Board.
Mr. M. R. Swanson and Mr. R. C. T-Vinkler, of Chicago, Ill., for the
Company.
Mr. Frank Sckaps; of Chicago, Ill., and Mr. San, Kolkey, of Kan-
sas City, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Kansas City
Joint, Board, Amalgamated Clothing Workers of America, C. I.' O.,
herein called the Union, alleging that a ,question affecting commerce
had arisen concerning the representation of employees of Lowe &
Campbell Division, Wilson Athletic Goods Mfg. Co., Inc., Kansas
City, Missouri, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Margaret L. Fassig, Trial Examiner. Said hearing was held at
Kansas City, Missouri, on June 10, 1943. The Board, the Company,
and the Union appeared at and participated in 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.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
I Although United Garment Workers of America, A. F of L, was served with notice of
and appeared at the hearing; it stated that it had no interest in the instant proceeding.
50 N. L. R. , B , 'No. 148.
` 1015
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wilson Athletic Goods Mfg. Co., Inc., is a Delaware corporation
with its principal office at Chicago, Illinois. We are here concerned
with its two plants at Kansas City, Missouri, known as the Lowe &
Campbell Division, where it is engaged in the manufacture of shirts,
jackets, shorts, and blouses for the United States Army and Navy.
The Company purchases raw materials for use at its Lowe & Campbell
Division valued in excess of $158,000 annually, approximately $150,000
worth of which is shipped to it from points outside the State of Mis-
souri. The Company manufactures products at its Lowe & Campbell
Division valued in excess of $200,000 annually, over 50 percent of
which is shipped to points outside the State of Missouri.
IT. THE ORGANIZATION INVOLVED
Kansas City Joint Board, Amalgamated Clothing Workers of
America, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
c
On Dlay 11, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the ' em-
ployees at the Lowe & Campbell Division. _ The Company refused
this request until such time as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates thatNthe,Union represents a sub-
stantial 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union alleges that all production and maintenance employees
at the Lowe & Campbell Division of the Company, including design-
ers, but excluding watchmen, janitors, office and clerical employees,
3 The Field Examiner reported that the Union presented 169 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll for the period ending May 15, 1943. There are approximately 307 employees in
the appropriate unit.
LOWE & CAMPBELL DIVISION 1017
foreladies , foremen , and supervisory employees above the rank of
foreladies and foremen , constitute an appropriate unit. The only
controversy with respect to the unit concerns designers and 3 named
alleged - supervisory employees.
Maude Polster , Stella O'Neil , and Effie Wilkerson are classified by
the Company as foreladies or assistant foreladies . The Union urges
that they be included in the unit and the Company that they be ex-
cluded. Although the record indicates that these three employees
perform regular production work, they also make recommendations
with respect to the hire, discharge, and, promotion of their subor-
dinates. We find that Polster, O'Neil, and Wilkerson are supervisory
employees and they will therefore be excluded as such from the unit.
The Union urges that designers employed by the Company be
included in the unit. and the Company requests that they be excluded.
The designers draw and design names , letters, braids and emblems,
and make stencils of such items . The record discloses that the de-
signers are highly skilled technical employees. Inasmuch as their
work is dissimilar to that of the production and maintenance em-
ployees , we shall exclude them from the unit.
We find that all production and maintenance employees at the
Lowe & Campbell Division of the Company, excluding watchmen,
janitors, office and clerical employees , designers , and foreladies, fore-
men, 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 , constitutes
a unit appropriate f or the purposes of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
k
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 Lowe & Camp-
1018 "DECISIONS OF NATIONAL LABOR RIETATIONS BOARD
bell Division,, Wilson Athletic Goods Mfg: Co., Inc., Kansas, City,
,Missouri, 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 they Seventeenth 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 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 Kansas City Joint
Board, Amalgamated Clothing Workers of America, affiliated with
the Congress of Industrial Organizations, for the purposes of col-
lective bargaining.
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