Sharon Wire Co., Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1956

115 N.L.R.B. 372 (N.L.R.B. 1956)

372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the extent that such right may be affected by an agreement re-
quiring membership in a labor organizations as a condition of em-
ployment as authorized in Section 8 (a) (3) of the Act.
WE WILL offer to Nina Mae Burdine immediate and full re-
instatement to her former or substantially equivalent position,
without prejudice to her seniority or other rights and privileges,
and will make her whole for any loss of pay she may have suffered
by reason of our discrimination against her.
All our employees are free to become, remain, or to refrain from
becoming or remaining, members of American Federation of Labor-
Congress of Industrial Organizations, Amalgamated Clothing Work-
ers of America, AFL-CIO, or any other labor organization, except to
the extent that this right may be affected by an agreement in conformity
with Section 8 (a) (3) of the Act.
WILLIAMSON-DICIcIE MANUFACTURING COMPANY,
Employer.
Dated---------------- By-------------------------------------
(Representative ) (Title)
This notice must remain posted for 60 days from the date hereof,
and must not be altered, defaced, or covered by any other material.
Sharon Wire Company, Inc. and International Union, United
Automobile , Aircraft and Agricultural Implement Workers
of America, (UAW, AFL-CIO),' Petitioner. Case No. 2-RC-
7709. February 9,1956
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Abraham J. Lehman,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is a New Jersey corporation having its principal
office and only plant at Cedar Grove, New Jersey. There it is engaged
in two operations. The first is the purchase, redrawing to a smaller
diameter, and sale of aluminum wire. Of the $44,000 the Employer
received in its last fiscal year from the sale of redrawn wire, $22,000
was received from Plastoid Company, a New Jersey enterprise which
annually ships directly in interstate commerce goods valued in excess
of $50,000. The Employer's other operation consists of the cleaning
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 Petitioner accordingly.
115 NLRB No. 65.
SHARON WIRE COMPANY, INC. 373
and spooling of wire owned and supplied by Air Reduction Sales
Company, a division of Air Reduction Company, Incorporated, for
the use of that company or sale to its customers. For these services
the latter company, an enterprise which also makes direct out-of-State
sales in excess of $50,000, compensated the Employer during the same
period in the amount of about $93,000. Thus the Employer furnishes
goods and services valued in excess of $100,000 to enterprises which
ship goods valued at more than $50,000 outside the State in which
they are located. Accordingly, we find, contrary to the Employer's
contentions, that the Employer is engaged in commerce and that it
will effectuate the policies of the Act to assert jurisdiction herein.2
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. Petitioner seeks a plantwide unit of the Employer's production
and maintenance employees. The Employer contends that only sepa-
rate units of employees in the wire drawing department and the clean-
ing, packaging, and servicing department are appropriate. While the
single nollsupervisory employee in the wire drawing department is
separately supervised, and is principally engaged in a separate opera-
tion, he is paid no more than the average wage for employees in the
cleaning, packaging, and servicing department, he enjoys the same
fringe benefits as the latter employees, shares the same facilities with
them, and his department is not physically separated from the rest
of the plant. We find his employment interests and working condi-
tions to be so similar to those of the remaining employees in the plant
as to render inappropriate any but the plantwide unit sought by Peti-
tioner. Moreover, a bargaining unit confined to the wire drawing de-
partment would be inappropriate because it would include only one
employee.' Accordingly, we find that the following employees at the
Employer's wire cleaning and drawing plant. at 48 Factory Street,
Cedar Grove, New Jersey, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act : All production and maintenance employees, excluding office
clerical employees, professional employees, watchmen, guards, and all
supervisors as defined in the Act.4
[Text of Direction of Election omitted from publication.]
'Jonesboro Gratin Drying Cooperative , 110 NLRB 481; Whippany Motor Co., Inc, 115
NLRB 52.
3 Montgomery Ward A Co, 110 NLRB 256, at 258.
* We hereby exclude from the unit Edward J. D'Amelio, foreman of the wire drawing
department , and Oscar Rose, plant superintendent , whom the parties stipulated to be
supervisors We also exclude from the unit Anne L. McCarthy whom the parties stipu-
lated to be an office clerical employee.