Proximity Manufacturing Co.

National Labor Relations Board - Board DecisionsMar 26, 1946

66 N.L.R.B. 1190 (N.L.R.B. 1946)

In the Matter of PROXIMITY MANUFACTURING COMPANY, WHITE OAK COTTON MILLS and TEXTILE WORKERS UNION OF AMERICA, CIO In the Matter of PROXIMITY MANUFACTURING COMPANY and CONE FINISHING COMPANY and INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL, LOCALS 501 and 501-A Cases Nos. 6-R-9184 and 5-R-3198, respectively.- Decided March 26, 1946 Mr. L. P. McLendon, of Greensboro, N. C., for the Companies. Messrs. Bruno Rantane and D. S. Upchurch, of Greensboro, N. C., for the TWUA. Messrs. Paul A. Askew and G. W. Johnson, of Norfolk, Va., for the Engineers. Mr. Henry F. Adair, of Charlotte, N. C., for the IBEW. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, CIO, herein called the TWUA, alleging that a question affecting com- merce had arisen concerning the representation of employees of Proximity Manufacturing Company, Greensboro, North Carolina, and upon petition duly filed by International Union of Operating Engineers, herein called the Engineers, alleging that a question affec- ting commerce had arisen concerning the representation of employees of Proximity Manufacturing Company and Cone Finishing Com- pany,t Greensboro, North Carolina, herein collectively called the Companies, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Sidney J. Barban, Trial Examiner. The hearing was held at Greensboro, North Carolina, on January 31, 1946. The Companies, the TWUA, the i The petition filed by the Engineers and other formal papers in these consolidated proceedings were amended at the hearing to show the correct name of Cone Finishing Company. 66 N. L. R. B., No. 145. 1190 PROXIMITY MANUFACTURING COMPANY 1191 Engineers, and International Brotherhood of Electrical Workers, herein called the IBEW, appeared and participated. 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Proximity Manufacturing Company produces fabric at two plants located in Greensboro, North Carolina, known respectively as Prox- imity Cotton Mills and White Oak Cotton Mills, its only plants direct- ly involved in these proceedings. Proximity Manufacturing Com- pany annually purchases for use at these two plants raw cotton and dyes, valued in excess of $5,000,000, approximately 90 percent of which is shipped to the plants from points outside North Carolina; and it finishes at these plants products valued in excess of $10,000,000, approximately 70 percent of which is shipped from the plants to points outside North Carolina. Cone Finishing Company, a wholly owned subsidiary of Proximity Manufacturing Company, operates at Greensboro, North Carolina, a plant known as Proximity Print Works, its only plant directly involved in these proceedings. Cone Finishing Company annually purchases for processing at this plant unfinished cloth valued in excess of $3,000,000, approximately 70 percent of which is shipped to the plant from points outside North Carolina; and it produces at this plant products valued in excess of $5,000,000, approximately 70 percent of which is shipped from the plant to points outside North Carolina. Proximity Manufacturing Company and Cone Finishing Company each admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations admitting to member- ship employees of the Companies. International Union of Operating Engineers, Locals 501 and 501-A, and International Brotherhood of Electrical Workers are labor 1192 DECISIONS OF NATIONAL LAIBOIt RELATIONS BOARD organizations affiliated with the American Federation of Labor, ad- mitting to membership employees of the Companies. III. TIIE QUESTIONS CONCERNING REPRESENTATION The Companies refused to grant recognition to the Engineers and to the TWUA as exclusive bargaining representatives of their em- ployees until such organizations were certified by the Board in appro- priate bargaining units. The IBEW made no request upon the Com- panies for recognition before the consolidated hearing on the petitions filed by the Engineers and the TWUA, respectively. At the hearing, i lie Companies took the position that they would not grant recognition to the IBEW unless it were certified by the Board as representative of employees in an appropriate bargaining unit. A statement of a Board agent and other evidence introduced at the hearing indicate (1) that the Engineers represents a substantial number of employees in the unit found appropriate for powerhouse employees and (2) that the TWUA and the IBEW each represents a substantial number of employees in the unit claimed by it to be appropriate .2 We find that questions affecting commerce have arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS ; THE DETERMINATION OF REPRESENTATIVES At Greensboro, North Carolina, as noted above, Proximity Manu- facturing Company operates two textile plants, known respectively as Proximity Cotton Mills and White Oak Cotton Mills; and Cone Fin- ishing Company, its wholly owned subsidiary, operates one plant known as Proximity Print Works, where unfinished cloth is further processed. Employees at these three plants are directly concerned in these proceedings. The TWUA contends that production and maintenance employees at White Oak Cotton Mills constitute an appropriate bargaining unit. The Engineers and the IBEW respectively contend that powerhouse employees and electricians working at the three plants above noted 2 The Field Examiner reports that the Engineers submitted 51 authorization cards. There are approximately 56 employees in the unit found to be appropriate for powerhouse employees. The Field Examiner further reports that the TWUA submitted 1,031 membership cards In support of this claim to represent a proposed unit of 1,732 employees . Accord- ing to a statement read into the record by the Trial Examiner , the IBEW submitted to him 18 authorization cards In support of its claim to represent Its proposed bargaining unit of 20 employees. PROXIMITY MANUFACTURING COMPANY 1193 constitute separate appropriate craft units. The TWUA would ex- clude all powerhouse employees from its proposed plant unit, but would include the electricians at Proximity Cotton Mills and White Oak Cotton Mills claimed by the IBEW. The Companies agree that production and maintenance employees at White Oak Cotton Mills constitute an appropriate bargaining unit, but they would include in this plant unit the powerhouse employees and the electricians claimed by the TWUA. Except for the unit placement of powerhouse em- ployees and electricians, there is no disagreement among the parties with respect to the categories of employees to be excluded or included in their respectively proposed units or as to the status of any em- ployees falling within the several categories of employment herein concerned. The Companies operate the 3 plants at Greensboro as separate manufacturing enterprises under direct local supervision. The Com- panies purchase some power from the Duke Power Company, but not enough for their processing operations. For substantial power, and for the large quantities of steam required for use at Proximity Print Works, they depend on the output of their own power department, in charge of the power superintendent, who, with headquarters at White Oak Cotton Mills, has general supervision of all powerhouse employ- ees stationed in the 3 plants. Powerhouse employees at each plant work under powerhouse foremen at their plant. At the time of the hearing, the Companies employed approximately 56 powerhouse em- ployees. Two turbine and switchboard operators are stationed at Proximity Print Works; approximately 12 employees, including tur- bine and switchboard operators, firemen, boiler and pump operators, and ashmen, are stationed at Proximity Cotton Mills; and the re- mainder of the powerhouse employees, in several work categories, are stationed at White Oak Cotton Mills. Plant assignments are perma- nent unless changed by specific transfer from one plant to another. All powerhouse employees in the 3 plants are listed on the pay roll of White Oak Cotton Mills. The Companies observe departmental seniority in their plants, and powerhouse employees in the 3 plants, considered by the Companies as a single integrated department, are promoted on the basis of their qualifications and seniority within the power department. Grievances are processed through local power- house foremen to the power superintendent at the White Oak Cotton Mills, and from him to higher managerial authority. Transfers be- tween the power department and other departments at the Companies' plants are infrequent. The Companies employ approximately 20 electricians, all of whom are listed on the Proximity Cotton Mills pay roll, although 2 are stationed at Proximity Print Works. I at Proximity Cotton -Mills. 1194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and 14 at White Oak Cotton Mills. General supervision of all elec- trical work at the Companies' plants is vested in the superintendent of electricians and his assistant, whose headquarters are at the White Oak Cotton Mills. At the several plants where electricians perform their work, they are under local supervision. At Proximity Print Works, the 2 electricians are part of a mechanical department and share seniority with other craftsmen working within that depart- ment. Of the 14 electricians at the White Oak Cotton Mills, 4 regu- larly perform electrical work within that plant, and 10 are "floating" employees to be assigned to work at any 1 of the 3 Greensboro plants where extensive electrical construction or repair work may be needed. The electricians and assistant electricians employed by the Companies possess the usual skills and perform the usual work of electricians in textile factories. Production employees of Proximity Cotton Mills are presently represented by the TWUA, one of the petitioners herein 3 and covered by a contract executed on October 1, 1945. for the period of 1 year. Expressly excluded from the bargaining unit for these plant employ- ees represented by the TWUA, and from coverage under the contract, are electricians and powerhouse employees. At the time of the execut- ing the contract, Proximity Manufacturing Company and the TWUA agreed that the representation of electricians and powerhouse employees at Proximity Cotton Mills should be deferred until employ- ees at White Oak Cotton Mills, where the supervision of powerhouse employees and electricians is centered, should be organized. Production employees at Proximity Print Works are also repre- sented by the TWUA 4 and are covered by a contract executed on October 8, 1945, for the period of 1 year. The unit for which the TWUA was certified does not expressly include or exclude electricians or powerhouse employees. The contract entered into between the TWUA and Cone Finishing Company includes electricians, but does not include powerhouse employees. Powerhouse employees did not participate in the election held to determine the bargaining repre- sentative for employees of Proximity Print Works as no powerhouse employees were listed on the plant pay roll. The TWIT A has not attempted to negotiate wage increases or other benefits for power- house employees stationed at this plant. Since the powerhouse employees working at the three plants con- stitute a separate integrated department serving both Companies a Pursuant to a petition filed by the TWUA in Case No 5-R-1803, Proximity Manu- facturing Company and the TWUA entered into a Stipulation for Certification upon Consent Election among employees at Proximity Cotton Mills. An election was con- ducted by the Regional Director , in which the TWUA was selected as bargaining repre- sentative of employees at Proximity Cotton Mills , and on March 30, 1945, the TWTTA was certified as their bargaining representative. 4 Matter of Proximity Manufacturing Company, 56 N. L R. B, 264, PROXIMITY MANUFACTURING COMPANY 1195 in common , we find that the Companies constitute a single employer of these employees within the meaning of the Act.5 Powerhouse em- ployees frequently constitute separate bargaining units apart from other plant employees. The Companies' powerhouse employees per- form work common to their craft and work. classifications. In the textile industry, however, powerhouse employees frequently bargain with other production and maintenance employees as. part of a plant unit. In the instant case , the TWUA has not organized the Com- pany's powerhouse employees and does not seek to represent them for bargaining purposes. The Engineers has organized the power- house employees and seeks to represent them on a craft-departmental basis. Under these circumstances, we are of the opinion that the powerhouse employees of the Companies constitute an appropriate separate bargaining unit. We find that powerhouse employees of the Companies at Prox- imity Print Works, Proximity Cotton Mills, and White Oak Cotton Mills, excluding all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or (ffectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. Electricians at Proximity Print Works are presently represented by the TWUA and covered by a contract which extends to October 1946. The Companies urge that this contract is a bar to an election among these, electricians . and we so find. No question is therefore before us at this time with respect to the representation or unit placement of these employees. While electricians at Proximity Cotton Mills and at White Oak Cotton Mills are listed on the Proximity Cotton Mills pay, roll, their over-all supervision emanates from White Oak Cotton Mills, both of which plants are operated by Proximity Manufacturing Company. Since the electricians working at Proximity Cotton Mills were excluded by consent of the employer and the TWUA from the unit found appropriate for employees of that plant and now repre- sented by the TWUA, these parties urge that electricians at Proximity Cotton Mills and White Oak Cotton Mills be included in the unit for employees at the latter plant. The IBEW has, however, now organized the electricians and seeks to represent these employees in a separate craft unit. No agreement between Proximity Manufacturing Com- pany and the TWUA with respect to the future unit placement of electricians at the former's plants can bar the claim of the IBEW to represent employees in an appropriate bargaining unit. Elec- 5 Since employees in groups other than powerhouse employees immediately affected by our determinations in these proceedings are listed only on the pay rolls of the parent organization , we shall for the present purposes deem Proximity Manufacturing Company alone as their employer. 1196 DECISIONS 014 NATIONAL LABOR RELATIONS BOAIUh tricians at Proximity Cotton Mills and at White Oak Cotton Mills constitute a well-identified homogeneous group of craftsmen, who may constitute a separate craft unit or may constitute part of the unit of production and maintenance employees of the latter plant where their supervision is focused. We will hold an election among these electricians to determine, in part, the appropriate unit for these em- ployees. We shall also hold an election among production and main- tenance employees at White Oak Cotton Mills, excluding therefrom electricians, powerhouse employees, and clerical, supervisory and fringe employees in the several categories agreed upon by the parties concerned for exclusion. We shall make no final determination with respect to the unit for electricians at these two mills and for other production and maintenance employees at White Oak Cotton Mills until the results of elections shall have been disclosed. The following employees shall constitute separate voting groups : (1) All electricians employed by Proximity Manufacturing Com- pany at White Oak Cotton Mills and Proximity Cotton Mills, ex- cluding the overseer of the electrical shop, the superintendent of electricians, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action; and (2) All production and maintenance employees of Proximity Manufacturing Company at White Oak Cotton Mills, excluding powerhouse employees, electricians, office clerical employees, clerk and trip boy, timekeepers, weaveroom office clerk, supply clerks, shipping clerk, assistant shipping clerk, shipping supervisor, loom stock checker, watchman, village upkeep employees, general construction employees, landscape crew, school and welfare employees, outside painters, office and utility men, head inspector, second hands, foremen and fixers, foremen, and all other supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. Since the Engineers is the only labor organization which has organized the powerhouse employees and desires to represent them, and we find that the question which has arisen concerning their repre- sentation can best be resolved by an election, we shall place the Engineers only on the ballot in the election which we shall direct among the powerhouse employees. Since the IBEW and the TWUA have organized the electricians in the voting group for electricians, we will place these two labor organizations upon the ballot in the election which we shall direct among the electricians. Since the TWUA is the only labor organization which has organized other production and maintenance employees at White Oak Cotton Mills, we shall place the TWUA only on the ballot in the election which we shall direct among these employees. PROXIMITY MANUFACTURING COMPANY 1197 The Companies have requested that, if any election be directed among their employees, the Board permit the use of mail ballots by the employees in the armed forces. The circumstances in this case are not substantially or materially different from those present in the South West Pennsylvania Pipe Lines case.6 We shall, therefore, as in that case, provide for mail balloting of employees on military leave. We shall direct that the questions concerning representation be resolved by separate elections by secret ballot among the employees in the appropriate unit and in the voting groups described above who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the additions and the limitations set forth in the Direction. In this case, the Regional Director is authorized to mail ballots to employees within the appropriate unit and the voting groups on military leave, pro- vided one or more of the parties hereto, within seven (7) days after receipt of the Direction of Elections, files with the Regional Director a list containing the names, most recent addresses, and work classifi- cations of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days from the date on which they are mailed to the employees by the Regional Director.? DIRECTION OF ELECTIONS 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 3, as amended, it is hereby DIRECTED that , as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Proximity Manu- facturing Company and Cone Finishing Company, Greensboro, North Carolina , separate elections by secret ballot shall be conducted as early as possible , but not later than forty-five (45) days from the date 6 64 N . L. R. B. 1384. 4 A free interchange between the interested parties of information on the addresses and work categories of the employees to be voted by mail will be necessary in order to avoid challenges and post -election objections . Accordingly , the Board will make avail- able to all interested parties any information of this nature furnished it by any other party. In the event that the parties should send the absentee voters any information or literature bearing directly or indirectly on the pending election, copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties. However , acceptance or transmittal of such literature by the Board 's office is not to be construed as conferring immunity on the filing party in the event that objections are later interposed concerning its content . The usual prin- ciples will apply. 1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, Sections 10 and 11, of said Rules and Regulations, among employees in the groups indicated below who were employed during the pay-roll period immediately preceding the date of this Direction, including employ- ees 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, but excluding those employ- ees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections : (1) Among powerhouse employees in the unit found appropriate for powerhouse employees in Section IV, above. to determine whether or not they desire to be represented by International Union of Operating Engineers, AFL, Locals 501 and 501-.\. for the purposes of collective bargaining: (2) Among electricians in the voting group for electricians de- scribed in Section IV above, to determine whether they desire to be represented by Textile Workers Union of Ameri- ca, CIO, or by International Brotherhood of Electrical Workers, for the purposes of collective bargaining, or by neither; and (3) Among production and maintenance employees at White Oak Cotton Mills in the voting group for these employees described in Section IV, above, to determine whether or not they desire to be represented by Textile Workers Union of America, CIO, for the purposes of collective bargaining. CHAIR-MAIN- HERZOG took no part in the consideration of the above Decision and Direction of Elections.