The Stead & Miller Co.

National Labor Relations Board - Board Decisions

Mar 21, 1944

55 N.L.R.B. 667 (N.L.R.B. 1944)

In the Matter of THE STEAD & MILLER Co. and TEXTILE WORKERS UNION
OF AMERICA
Case No. 5-R-1474.-Decided March 21,1944
Drinker, Biddle cC Reath, by Mr. Edwin A. Lucas, of Philadelphia,
Pa., for the Company.
Messrs. J. D. Pedigo and E. W. Witt, of Concord, N. C., for the
Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Stead &
Miller Company, Concord, North Carolina, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert A. Levett, Trial Examiner.
Said hearing was held at Concord, North Carolina, on February 14,
1944. The Company and the Union 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 an opportunity to file briefs with the Board.'
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, a Pennsylvania Corporation, has its main office in
Philadelphia, Pennsylvania, sales offices in New York City, Chicago,
' Upon concurrence of the parties, certain corrections have been made in the stenographic
transcript of testimony in this case.
55 N. L. R. B., No. 118.
667
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Los Angeles, and Atlanta, and a plant at Concord, North Carolina.
We are here concerned only with the Company's plant, where it manu-
factures upholstery goods and drapery fabrics. During 1943 the
Company manufactured finished products totally valued at about
$1,382,719, of which about $1,314,000 in value were shipped to points
outside the State of North Carolina 2
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Textile Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of the Company's
employees until the Union has been certified by the Board in an ap-
propriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.'
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 Union seeks a unit composed of all production and maintenance
employees of the Company at its plant, excluding watchmen, the
gatekeeper, inspectors, and all clerical and supervisory employees.
The Company would include in the unit all employees of the Com-
pany except the overseers and main office clerical employees. The
Union does not receive into membership the categories of employees
whom it would exclude from the unit and does not appear to have
sought to organize them. Exclusion of such fringe groups from an
industrial unit, is not infrequent. We have heretofore excluded most
of these classes of employees from a production and maintenance
unit at this plant.' We shall exclude them from the unit which we
find appropriate.
2 The Company is successor to the Hartsell Mills Company. See Matter of Hartsell Mill&
Company. 18 N L R. B 268.
a
The Field Examiner reported that the Union submitted 131 membership cards, 126 of
which bore signatures of persons appearing on the Company's pay roll of January 8, 1944,
which contained the names of 188 employees in the alleged appropriate unit.
4 See Matter of Hartsell Mills Company, 18 N. L. R. B. 268.
THE STEAD & MILLER CO. 669
We find that all production and maintenance employees of the
Company at its Concord plant, excluding watchmen, the gatekeeper,
inspectors, all clerical and all supervisory employees with authority
to hire, discharge, promote, discipline, or otherwise effoct changes
in the status of employees, or effectively recommend such action,
constitute a unit appropriate for the purposes of collective bargain-
ing 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
The parties disagree as to the status of certain employees at the
plant.
C. A. Honeycutt is an assistant overseer in the weave room. He
directs, assigns, and supervises the work of other employees, and can
effectively recommend changes in their status. We find that Honey-
cutt is a supervisory employee, and as such is without the unit and
is ineligible to participate in the election.6
Paul Tueke'o' is a head loom fixer. There are eight loom fixers.
Although the Company asserts that Tucker is merely a "trouble
shooter" without supervisory authority, at least one employee testi-
fied that Tucker inspects looms and gives him and other employees
orders to clean their looms. Tucker apparently can effectively rec-
ommend changes in the status of loom fixers. The Union would ex-
clude Tucker from the unit; the Company would include him. We
shall exclude Tucker in view of his exercise of supervisory functions.
Lee Blackwelder is a night overseer. He is in charge of the second
shift and cln effectively recommend changes in the status of ordinary
employees. The Union seeks his exclusion from, while the Company
desires his inclusion in the unit. Blackwelder falls without our usual
definition of supervisory employees. We shall exclude him from
the unit.?
Mae Belle Verble, listed on the Company's pay roll as a "mender,"
spends about two hours each week sending out samples, the rest of the
time performing mending work. Prior to a year and a half ago,
Verble was in charge of the sample department and was equivalent
5 The Company employs another assistant overseer , John McGrath , whom it and the
Union agree to exclude from the unit as being supervisory.
6 Cf the Hartsell Mills case , supra.
7 All other overseers are excluded by the parties themselves as supervisors.
670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in rank to an overseer. That department has been reduced in its
operations, and at present has no employees, all duties being performed
by Verble. We shall include her in the unit.
J. M. Hensley is listed on the Company's pay roll as a "dyer." The
Union claims that he is a supervisor. The Company states that he is
an ordinary employee. Hensley does not operate a dyeing machine.
He receives instruction as to formulas from the overseer and weighs
out the dyes for the operators. Hensley is "a second hand." 8 He has
refused to join the Union when solicited to do so on the ground that
he is assistant to the overseer and superintends the work in the depart-
ment during the overseer's absence. We shall exclude Hensley from
the unit.
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 9 of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Stead & Miller
Company, Concord , North Carolina , an election by secret ballot shall
be conducted as 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, Sections 10 and 11, 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 employees 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 who present themselves in person at the polls , but excluding
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Textile
Workers Union of America , affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining.
8 Blackwelder also appears to be "second-hand 11