Weather Vane Outwear Corp., Inc., 414 (1977)
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Weather Vane Outwear Corporation, Inc. and International Ladies' Garment Workers' Union, AFLCIO, Petitioner Ralco Sewing Industries, Inc. and Deanna Dale Dunaway, Petitioner, and United Brick and Clay Workers of America, AFL-CIO.1
Cases 9-RC11734 and 9-RD-745
November 11, 1977 DECISION AND DIRECTION OF
BY CHAIRMAN FANNING AND MEMBERS
PENELLO AND MURPHY
Upon separate petitions duly filed under Section 9(c) of the National Labor Relations Act, as amended, a consolidated hearing was held before Hearing Officer Daniel J. Roketenetz. Following the hearing and pursuant to Section 102.67 of the National Labor Relations Board's Rules and Regulations and Statements of Procedures, Series 8, as amended, and by direction of the Regional Director for Region 9, this case was transferred to the Board for decision. Thereafter, the Employer 2 and both Petitioners filed briefs with the Board which have been duly considered.
Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rulings made at the hearing and finds that they are free from prejudicial error. They are hereby affirmed.
The Employer is engaged in commerce within the meaning of the Act and it will effectuate the purposes of the Act to assert jurisdiction herein.3
International Ladies' Garment Workers' Union, AFL-CIO, herein called ILGWU, and United Brick and Clay Workers of America, AFLCIO, herein called Brick Workers, are labor organizations within the meaning of the Act.
A question affecting commerce exists concerning the representation of employees of the Employer within the meaning of Section 9(c)(1) and Section 2(6) and (7) of the Act.
I United Brick and Clay Workers of America, AFL CIO, intervened in Case 9-RC- 11734.
2 Counsel for Weather Vane Outwear Corporation. Inc., and Ralco Sewing Industries, Inc. (hereinafter called Weather Vane and Ralco, respectively) acknowledge that these two corporations constitute a single employer concerning the operations involved herein. Accordingly, we refer to these two companies, collectively, as the Employer.
3 Counsel for the Employer conceded that Ralco and Weather Vane each were engaged in commerce within the meaning of the Act. However, the Employer refused to produce data concerning interstate commerce, except that its counsel represented that in excess of $50.000 was shipped to customers located outside the Commonwealth of Kentucky. The record 233 NLRB No. 67
Case 9-RD-754: This petition seeks an election in the unit set forth in the collective-bargaining agreement which expired December 1, 1976. The Employer (Ralco) and the Brick Workers assert that on November 30, 1976, they signed a new collectivebargaining agreement and that this agreement is a bar to the decertification petition filed December 1, 1976. The petitioner asserts that the petition was filed while an unresolved question concerning representation, raised by the petition filed in Case 9-RC-11684, was still pending and that therefore the November 30, 1976, contract is not a bar.4
Briefly the facts are as follows: Ralco manufactures winter garments for Weather Vane and employed at times material herein over 100 employees.
The garments are stored and shipped out of a separate warehouse called Weather Vane. On August 11, 1972, the Brick Workers was certified to represent the nonsupervisory plant employees at Ralco. A 3year collective-bargaining agreement was entered into on October 11, 1972. Thereafter, by amendment executed by both parties on June 6, 1974, the collective-bargaining agreement was extended to December 1, 1976.
On September 8, 1976, ILGWU timely filed a representation petition in Case 9-RC-11684 with respect to the unit covered by the existing agreement between Ralco and the Brick Workers, as follows:
All production, maintenance, shipping and receiving employees employed by the Employer [Ralco] at its Olive Hill, Kentucky, location; but excluding all office clerical employees, professional employees, truck drivers, all guards and supervisors as defined in the Act.
On September 15, 1976, the Brick Workers filed a 'no-raid'...
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