The Kendall Co.

National Labor Relations Board - Board Decisions

Apr 14, 1970

181 N.L.R.B. 1130 (N.L.R.B. 1970)

1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Kendall Company and Textile Workers Union of
America, AFL-CIO, CLC, Petitioner. Case
10-RC-7937
April 14, 1970
DECISION ON REVIEW
BY CHAIRMAN MCCULLOCH AND MEMBERS
BROWN AND JENKINS
On November 26, 1969, the Regional Director for
Region 10 issued a Decision and Direction of
Election in the above-entitled proceeding in which he
found appropriate a unit of all production and
maintenance employees of the Employer's
Albertville, Alabama, Main plant. Thereafter, in
accordance with Section 102.67 of the National
Labor Relations Board Rules and Regulations, the
Employer filed a timely request for review of the
Regional Director's Decision, contending that a unit
limited to the Albertville Main plant is
inappropriate, that the only appropriate unit for the
employees involved must include its East plant also
located in Albertville, and that the petition therefore
should be dismissed.
On January 27, 1970, the National Labor
Relations Board by telegraphic Order granted the
request for review and stayed the election pending
decision on review.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
Board has delegated its powers in connection with
this case to a three-member panel.
The Board has reviewed the entire record in this
case with respect to the issues under review and
makes the following findings:
As above indicated, the Employer contends that
the only appropriate unit herein must encompass
production and maintenance employees at both of
its Albertville plants. We agree.
Since 1956, the Employer has conducted
integrated cloth manufacturing operations, at
Albertville, Alabama, processing raw cotton into
yarn and weaving the yarn into greige cloth. In late
1967 or early 1968, the Employer expanded its yarn
processing operations and because of land
limitations at the existing plant, herein called the
Main plant, had to locate its expanded facilities in a
separate plant, herein called the East plant, 300 to
400 yards away from the Main plant. Thus, at
present, yarn is produced at both Albertville plants,
and cloth is woven only at the Main plant. There
are about 200 to 220 production and maintenance
employees at the Main plant and about 100 at the
East plant.'
'About 75 to 80 percent of the original employee complement at the
East plant were transferrees from the Main plant who retain seniority from
their original date of hire
All raw cotton for both plants is received at the
Main plant by rail, and the amount needed for the
East plant is transported there by the Employer's
trucks which are used interchangeably by the two
plants. Two or three times a week, an undisclosed
amount of "picker laps" are sent to the East plant.'
Also some blended yarn is sent from the Main plant
to the East plant for spinning. Part of the yarn
produced at the East plant, five to ten thousand
pounds per week, is woven into cloth at the Main
plant,' and the remainder of its production is either
shipped to the Employer's other plants or sold to
other companies. Because of limited warehousing
facilities at the East plant, some of the yarn
produced there is warehoused at the Main plant.
Although each plant has a superintendent and
separate departmental supervisors, there is but one
plant manager over both plants. The Plant
Manager's bulletins or notices to employees are
posted on bulletin boards in both plants, and a
"Letter from the Manager's Desk" is distributed to
all employees alike. Company manuals, handbooks
and policies are likewise applicable to employees at
both plants. Joint supervisory meetings are held at
the East plant.
There is but one plant engineer in charge of plant
maintenance and maintenance employees are
interchanged between the plants as need arises. The
air conditioner and refrigeration specialist is based
at the East plant but services both plants. All major
repairs of plant equipment are performed at the
Main plant. A common pool of seven part-time steel
roll cleaners service machinery at both plants, as
needed. All production, cost 4nd payroll records for
both plants are prepared and maintained in an office
at the Main plant. The Employer's teletype machine
is located at the Main plant, and messages received
for the East plant are relayed to it by telephone. All
mail is received at and dispatched from the main
plant. A single petty cash fund serves both plants.
Job applicants may apply at either plant, although it
appears that all personnel administration is handled
at the Main plant. As job openings occur, they are
posted first in the department in which the opening
exists and, if not there filled, are posted throughout
both plants. Although there was no evidence of
regular interchange of production employees, some
interchange does occur when need arises.
The wage scales, fringe benefits and promotion
policies are identical for employees at both plants.
The Employer also holds monthly birthday parties
for employees of either plant having birthdays
during the given month. All such parties are held at
the East plant and are attended by employees of
both plants.
Upon the foregoing, we conclude that a unit
limited to the Main plant is inappropriate and that
'Picker laps are the results of the first step in the processing of the
cotton into yarn Apparently, the Employer has greater facilities for this
operation at the Main plant than at the East plant
This is 5 to 10 percent of the Main plant 's yarn requirements
181 NLRB No. 177
THE KENDALL CO.
the appropriate unit must be broadened to include
production and maintenance employees at the East
plant. In so concluding, we rely especially on the
facts that both plants are engaged in processing raw
cotton into yarn; that the East plant is located but
300 to 400 yards away from the Main plant and
came into being as a result of an expansion of the
yarn production operations previously performed
solely at the Main plant; that there is one plant
manager over both plants who administers a
common labor relations policy, and that operations
of the two plants are highly integrated."
Accordingly, we shall remand the case to the
Regional Director in order that he may conduct an
election pursuant to his Decision and Direction of
Election, as modified herein, subject to his
ascertaining that the Petitioner has made an
adequate showing of interest among the employees_
'See Halstead & Mitchell Co, 151 NLRB 1460, McCulloch Corp. 149
NLRB 1020
1131
in the appropriate unit .' Further, the eligibility date
for the election shall be that immediately preceding
the date below."
if the Petitioner does not now desire to participate in an election in the
unit we find appropriate herein , we shall permit it to withdraw its petition
without prejudice upon written notice to the Regional Director within 10
days from date of this Decision
'In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them Excelsior
Underwear Inc, 156 NLRB 1236, N L R B v Wyman-Gordon Company.
394 U S 759. Accordingly, it is hereby directed that an election eligibility
list, containing the names and addresses of all the eligible voters, must be
filed by the Employer with the Regional Director for Region 10 within 7
days of the date of this Decision on Review The list may initially be used
by the Regional Director to assist in determining an adequate showing of
interest The Regional Director shall make the list available to all parties
to the election when he shall have determined that an adequate showing of
interest among the employees in the unit found appropriate has been
established No extension of time to file this list shall be granted by the
Regional Director except in extraordinary circumstances Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed