North Carolina Finishing Co.

National Labor Relations Board - Board DecisionsSep 30, 1942

44 N.L.R.B. 681 (N.L.R.B. 1942)

In the Matter of NORTH CAROLINA FINISHING COMPANY AND NORTH CAROLINA FABRICS CORPORATION and TEXTILE WORKERS UNION OF AMERICA Case No. R-4,011.Decided September 30,194,0 Jurisdiction : fabric processing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition until certified by the Board ; election necessary, Unit Appropriate for Collective ' Bargaining production and maintenance em- ployees of the two corporations, operating within the same enclosure and having some common officers ; watchmen, included ; floormen, clerical em- ployees, "dope wagon" boys, and supervisory employees, excluded. - Mr. Walter H. Woodson and Mr. Walter H. Woodson, Jr., of Salis- bury, N. C., for the Company. Mr. E. W. Witt and Mrs. Lucille Witt, of Salisbury, N. C., for the Union. Mr. Seymowr J. Spelman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by the Textile Workers Union of America, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of North Carolina Finishing Company and North Carolina Fabrics Corporation of Salisbury, North Carolina, herein collectively called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jacob Blum, Trial Examiner. Said hearing was held at Salisbury, North Carolina, on August 7, 1942. On September 18, 1942, pursuant to an order of the Board, the record was reopened and a further hear- ing upon due notice was held at Salisbury, North Carolina, before Jacob Blum, Trial Examiner. At both hearings the Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce 44 N L R B., No. 123. 681 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD evidence bearing on the issues . The Trial Examiner's rulings made at the-hearings are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY North Carolina Finishing Company, a North Carolina corporation, having its office and plant near Salisbury, North Carolina, is engaged in the business of bleaching, dyeing, shrinking, and finishing cotton goods. North Carolina Fabrics Corporation, a North Carolina cor- poration having its principal office and plant near Salisbury, North Carolina, is engaged in the-business of dyeing and finishing synthetic yarn fabrics. Both corporations operate within the same enclosure, have some common officers, and each has a separate general manager and director. During the year 1941 the corporations jointly received materials for processing valued in excess of $2,000,000, more than 50 percent of which was shipped from places outside the State of North Carolina. During the same period, more than 50 percent of the finished materials of the corporations, valued in excess of $4,000,000, was shipped to places outside the State of North Carolina. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Textile Workers 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 REPRESE NTATION On or about July 2,1942, Mrs. Lucille Witt, organizer for the Union, telephoned to Mr. Julian Robertson, president and treasurer of the Company, informed him that the Union represented employees in both plants, and requested that he sleet with her and a committee of em- ployees. Robertson refused the request, suggesting that Mrs. Witt write hint and state more fully the purpose of the desired conference. At the further hearing, the Company stated that if it were asked in writing to bargain with a union, it would refuse to do so without certification of that union by the Board. . A statement of the Acting Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit hereinafter found appropriate.', S The Acting Regional Director stated that petitioner submitted 504 authorization cards of employees of the Noith Carolina Finishing Company, all bearing apparently genuine NORTH CAROLINA FINISHING COMPANY, 683 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 stipulated that all production and maintenance em- ployees of both corporations, excluding the supervisory force, consti- tute a unit appropriate for collective bargaining. The parties are in disagreement with respect to the following several categories of employees : (a) Floormen: The Union desires to exclude these employees. An employee of the Finishing Company, a former floorman, testified that floormen fix machines, carry orders from overseers to helpers, and see to it that the efficiency of machines and employees is maintained. He iurther testified that on the recommendation of floormen, workers have been discharged or put on other jobs. Floormen are not admitted to membership in the Union. Floormen are paid on an hourly wage, while second hands and overseers-higher supervisory employees-are paid, a weekly wage. The manager of the Fabrics Corporation testis fled that floormen of the Fabrics Corporation take orders from the dlyers,' transmit them to the helpers and see to it that the orders are carried out. These men are paid an hourly wage which is higher on the average than the hourly wage of the maintenance and production employees. The floormen can recommend discharge. The Union does riot admit them to membership. In view of these facts, we shall exclude floornien from the unit. (b) Clerical employees: Each corporation has its own staff of clerks but all are under one office manager . The Union seeks to exclude all clerks. The Company employs invoicing clerks, shipping clerks original signatures Of these, 330 bear dates between June 1941 and February 1942. Except for 17 undated cards, the remainder bear dates from arch to July 1942 Three hundred and seventy-seven of these 504 signatures ale the names of persons whose names appear on the Company 's pay roll for the period ending July 18, 1942 The Trial Exami- nei stated that this pay roll contained 849 names , exclusive of supervisors The Acting Regional Director further stated that the Union submitted 87 authorization cards of em- ployees in the North Carolina Fabrics Coipoiation , all bearing apparently genuine original signatures Of these , 40 bear dates from March 1941 to February 1942 Except for 1 undated card the remainder bear dates from March to July 1942 Fifty-three of the 87 signatures are the names of persons whose names appear on the Company's pay roll for the period ending July 18, 1942 . The Trial Examiner stated that this pay roll contained 202 names, not mc'uding supervisors At the hearing the Union submitted to the Trial Examiner 41 additional application cards of employees of the Finishing Company and 6 additional application cards of employees of the Fabrics Corporation , all of which bear apparently genuine original signatures of alleged employees of the Company . None of these additional cards was checked with the pay roll. ' The Company maintains that cards beating dates previous to March 1942 should not be included in the count on the ground that these dates are too remote from the date of the present proceeding we find this contention to be without merit Moreover , without con- sidering cards bearing dates previous to March 1942 , the Union has made a substantial prima /acne showing of representation. 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who allocate finished goods to cars, processing clerks, billing clerks, clerks who keep records on lot sheets, and stockroom clerks who check materials in and out of stockrooms and keep a record of inventories. We shall exclude all clerks from the unit. ' (c) Watchmen: The Union desires to exclude watchmen. The Company has two groups of watchmen. One group makes hourly rounds on the clocks, and the other, gate watchmen, polices. ingress and egress of employees and visitors. Both groups are paid an hourly wage averaging about the same as that paid to production, and main- tenance employees. We shall include watchmen in the unit, since their duties appear to be those customarily performed by watchmen, rather than those of a specialized plant-protection force.2 (d) "Dope Wagon" Boys: The Finishing Company employs a num- ber of boys who push lunch wagons through all departments, selling food and drink to the employees of both corporations. Profits from these sales go into a fund for the benefit of employees of the Company. We shall exclude "dope wagon" boys from the unit. We find that all production and maintenance employees of the Company, including watchmen, but excluding floormen, clerical em- ployees, "dope wagon" boys, and supervisory employees, 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 em- ployees 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Re- lations Board Rules and Regulations-Series 2, ns amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with North Carolina Finishing Company and North Carolina Fabrics Corporation, Salis- bury, North Carolina, an election by secret ballot shall be conducted as z See Matter of Illinois Mould?np Company and United Fe?inture and Bedding Workers Union, Local 18-B, of the United Fu,nafuie Workers of America , affiliated with the C. 1 0, 35 N L R . B. 827 ; Matter of MacAndretvs & Forbes Company and Licorice & Paper Em- ployees Association of Camden, l eiv Jersey, 39 N. L R B 699. NORTH CAROLINA FINISHING COMPANY 6S5 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 Fifth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, 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 in the active military service or training of the United States, or temporarily laid off, 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, for the purposes of collective bargaining.