Union Asbestos and Rubber Co.

National Labor Relations Board - Board DecisionsSep 29, 1949

86 N.L.R.B. 321 (N.L.R.B. 1949)

In the Matter of UNION ASBESTOS AND RUBBER COMPANY, EMPLOYER and UNITED TEXTILE WORKERS OF AMERICA, A. F. OF L., PETITIONER Case No. 34-RC-151.-Decided September 09, 19:49 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before George L. Weasler, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Houston and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the' meaning of the National Labor Relations Act. 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 J (c) (1) and Section 2 (6) and (7) of the Act.. 4. The Petitioner seeks a unit of all production .and maintenance employees at the Employer's asbestos yarn cloth manufacturing plant located at Marshville, North Carolina, excluding all clerical and office workers, guards, and supervisors. The Employer contends that the only appropriate unit is one comprising employees at its Marshville and Davidson plants. The Employer's plant at Marshville receives all the cotton re- quired for the operation of both the Marshville and the Davidson plants. The cotton is cleaned and prepared for blending and spinning at the Marshville plant. After its initial preparation, part of the cotton is shipped to the Davidson plant, and the remainder is retained at the Marshville plant. Both plants then blend the cotton with asbestos and spin it into yarn. After the spinning operation ,''some ,50 percent of the yarn produced at the Davidson plant is returned to Marshville to be woven into fabric, and the remainder of the yarn is 86 N. L. R. B., No. 41. 321 322. DECISIONS , OF NATIONAL LABOR RELATIONS BOARD sold in trade. The Marshville plant weaves into cloth both the yarn received from the Davidson plant and the yarn produced in its own plant. The Davidson plant contains the Employer's principal offices where the Employer controls all purchasing, and exercises a centralized supervision over its Carolina operations. The pay roll for both plants is prepared at Davidson, and the permanent records for both plants are also kept at Davidson. The Employer maintains the same hours of work, the same wage policy, the same vacation plan, same holidays, and same insurance plan for the employees of both plants. The Marshville and the Davidson plants are, however, some.60 miles apart, Although cessation of work at the Davidson plant would cur tail operation at the Marshville plant, the latter could continue to operate independently at a reduced capacity. Interchange of em- ployees between the two plants is rather infrequent. The Employer maintains a separate supervisory staff at each plant and maintains a mill office at the Marshville plant. Hiring and discharge is effected locally at each plant. There is no history of collective bargaining for employees of either plant. In view of these facts, we find that a unit confined to employees at the Marshville plant is appropriate.' The Employer would include, and the Petitioner would exclude, the master mechanic, the electrician, the quality control man, "straw" bosses, and watchmen. The master mechanic, the electrician, and the quality control man are stationed at the Davidson plant, and they are not listed on the Marshville pay roll. They work at the Marshville plant as needed, and when they do so, they work independently of the Marshville plant employees. We shall therefore exclude them from the unit. The three watchmen at the plant carry on the usual functions of watchmen. They make regular rounds in the plant.and punch watch- men's clocks during these rounds. They are armed, and their primary duty is to guard against fires and burglaries. We find that they a.re guards within the meaning of Section 9 (b) (3) of the Act, and we shall exclude them from the unit. The 4 "straw" bosses working under 2 overseers, directly over pro- duction workers, issue orders as to production procedure and changes in production, and assign work to production employees. They are distinguished from the fixers who maim twin the machines. The record does not indicate the numerical grouping of the 55 employees who work immediately under their supervision. They recommend the discharge of employees, but the records maintained by the quality control man I Matter of Clark Thread Company, 79 N. L. R. B. 542 ; Hatter of Burgess Battery Company, 76 N. L. R. B. 820. UNION ASBESTOS AND RUBBER COMPANY 323 are relied on to substantiate such recommendation before the discharge actually takes place. Under these circumstances, we find that the `=straw" bosses are supervisors within the meaning of the Act.2 Ac- cordingly, we shall exclude them. We find that all production and maintenance employees at the Employer's asbestos yarn cloth manufacturing plant in Marshville, North Carolina, excluding all clerical and office employees, master mechanic, electrician, quality control man, watchman, "straw" bosses, and other supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5. Peak employment at the Employer's Marshville plant during the first 6 months in 1949 was approximately 115. Due to economic conditions the Employer cut plant production, releasing the third shift of its workers in February, and the second shift in May. In July, at the time of the hearing, some 55 employees were working at the plant. The Petitioner contends that approximately 70 employees laid off within the year should be allowed to participate in the election. The Employer disagrees. The record does not indicate that the employees released during the year have any present, reasonable expectation of reinstatement at the Marshville plant although the Employer may rehire them at some future date, and, in the past, has rehired former employees when its production increased. We find that the employees released were discharged, and not temporarily laid off, and they are therefore not eligible to vote in the election.3 DIRECTION OF ELECTION 4 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, an election by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National La- bor Relations Board Rules and Regulations, among the employees in the unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the 3 Matter of Maiden Spinning Mills, Inc., 82 N . L. R. B. 989. 3 Matter of Cross Paper Products Corporation , 77 N. L. R. B. 149. 4 On April 11 , 1950, the Board, having been advised by the Officer in Charge that unfair labor practice charges are currently pending , ordered that the above Direction of Election be amended by striking therefrom the words "but not later than 30 days from the date of this Direction ," and substituting therefor the words "at such time as the Board shall in the futr:re direct, upon advice from the Regional Director that an election may appropri- ately he held." 324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date of this Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vaca- tion or temporarily laid off, 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, and also excluding em- ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented, for purposes of collective bargaining, by United Textile Workers of America, A. F. of L.