Hyde Park Mills, Inc.

National Labor Relations Board - Board Decisions

May 11, 1956

115 N.L.R.B. 1303 (N.L.R.B. 1956)

HYDE PARK MILLS, INC. 1303
All employees who, on the date of the election directed below," have
been employed in performing general office work for 13 or more consec-
utive weeks and whose normal workweek during such period has con-
sisted of 20 or more hours per week, excluding all employees not cov-
ered by the contract between the Employer and the Union of April 27,
1953, as extended," department managers, and supervisors as defined
in the Act.
[Text of Direction of Election omitted from publication.]
MEMBER BEAN took no part in the consideration of the above Decision
and Direction of Election.
to In the interest of assuring the most nearly representative election , we will include in
the unit all employees covered by the contract of April 27, 1953, on the date of the elec-
tion herein directed, provided that they are otherwise eligible to vote.
11 The contract specifically excludes certain categories of employees because of the
alleged confidential nature of their duties . The Intervenor took no position as to these
employees, but requested a determination by the Board on this point. The Petitioners,
likewise, took no position, while the Employer and the Union would exclude them. As
these employees are not covered by the terms of the most recent contract between the
Employer and the Union, we exclude them for that reason alone.
Hyde Park Mills, Inc. and Textile Workers Union of America,
AFL-CIO, Petitioner. Case No. 32-RC-909. May 11, 1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Vivan E.
Burks, hearing officer. The hearing officer's rulings. made at the hear-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
'(c) (1) and Section 2 (6) and (7) of the Act.'
4. The appropriate unit :
The parties are in disagreement as to the following categories of
employees :
Employees in yarn-testing laboratory: These employees test ma-
terials to determine moisture content and other quality tests. No
special training or education is required. As these employees appear
to perform the customary duties of inspectors, we include them in the
unit.
1 The Employer moved to dismiss the petition on the ground that the unit sought is
inappropriate and because of the Petitioner' s failure to present proper showing of interest.
The motion is hereby denied.
115 NLRB No. 211.
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clerical employees: The following categories of clerical employees
were in dispute: warehouse clerk (Billings) works full time in the
warehouse, checking materials and acting generally as leadman under
the foreman's supervision; plant clerk (Hadley) keeps production rec-
ords, follows and expedites production schedules, and works primarily
in the plant; plant clerk (Huskey) works in the die department, and
keeps records of formulas and schedules; supply clerk (J. Travis)
keeps records of maintenance supplies; waste clerk (B. Travis) keeps
records of all waste materials in various departments. These cleri-
cals work in the plant under the supervision of production foremen,
in 'close contact with production workers, with whom they share the
same facilities and benefits. Although they are carried on the office
payroll for bookkeeping purposes, the record indicates they are clearly
plant clericals, and in accordance with established Board policy, they
are included in a production and maintenance unit.
Time-study men : There are two time-study men who work in various
departments, making time studies on production operations and proc-
esses which are used by management to determine costs and efficiency
of operation. They work under the supervision of a time-study
engineer. We find that as time-study men have interests which are dif-
ferent from those of the production workers, we shall exclude them.?
The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's Cov-
ington, Tennessee, plant, including yarn-testing employees and plant
clerical employees, but excluding time-study men, office clerical em-
ployees, professional employees, guards, watchmen,3 and all super-
visors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Z The Firestone Tire & Rubber Company, 112 NLRB 571, 572.
8 The evidence indicates the watchmen work at night making rounds and punching
clocks, watching for fires, and closing and opening gates . We therefore find that they
are guards engaged in protecting the Employer 's property ; accordingly, they are there-
fore excluded from the unit.
Senorita Hosiery Mills , Inc. and United Packinghouse Workers
of America, AFL-CIO.1 Case No. 24-C4-655. May 14,1956
DECISION AND ORDER
On January 13, 1956, Trial Examiner A. Norman Somers issued
his Intermediate Report in the above-entitled proceeding, finding that
1 As the AFL and CIO merged after the hearing in this case, we are taking notice of
the merger and amending the designation of the Charging Party accordingly.
115 NLRB No. 212.