Westbrook Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 18, 1947

72 N.L.R.B. 851 (N.L.R.B. 1947)

In the Matter Of WESTBROOK MANUFACTURING COMPANY, EMPLOYER
aid UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA,
A. F. L., PETITIONER
Case No. 15-B-1936.-Decided February 18, 1947
Mr. Harold Cox, of Jackson, Miss., for the Employer.
Messrs. W. D. Brie and W. F. Wells, both of Jackson, Miss., for the
Petitioner.
Mr. David C. Sachs, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Jackson,
Mississippi, on-November 7, 1946, before Jerome A. Reiner, 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 the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Westbrook Manufacturing Company is a copartnership composed'of
W. V. Westbrook, Rondo A. Westbrook and J. L. Westbrook, having its
plant and principal place of business at Jackson, Mississippi. It is
engaged in the manufacture, sale, and distribution of store and res-
taurant equipment. During the year ending October 31,1946, the Em-
ployer purchased raw materials consisting of lumber, metal, hardwood,
glass, and other products, valued in excess of $100,000, of which ap-
proximately 50 percent was shipped to its plant in Jackson, Mississippi,
from points outside the State of Mississippi. During the same period
the Employer sold finished products consisting of store and restaurant
equipment, valued in excess of $100,000, of which 50 percent went into
or through States other than the State of Mississippi.
72 N. L. R. B., No. 139.
851
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce 'has arisen concerning
the representation of employees of the Employer, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act"
IV. TIIE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all production and main-
tenance employees of the Employer , including employees in the supply
department and the watchman , but excluding supervisory and clerical
personnel . Contrary to the Petitioner's desires , however, the Em-
ployer seeks the exclusion of 13 "G. I." trainees engaged in produc-
tion and maintenance work as well as the exclusion of the watchman.
Some question also exists concerning the inclusion of supply depart-
ment employees.
Supply department employees : In connection with its business of
manufacturing and selling restaurant equipment the Employer sells
to its customers , glassware , kitchen utensils , dishes, silverware , stoves,
,and other items not of its own manufacture . This merchandise is
handled in its supply department . The Petitioner desires these em- -
ployees to be included in the unit and the Employer , although contend-
ing that they are not engaged in production and maintenance work,
nevertheless , does not object to including them. We shall include the
employees of the supply department inasmuch as they are engaged in
handling merchandise and have a strong community of interest with
the-production and maintenance workers.
The watchman : Since the duties of the sole watchman are wholly
custodial in nature , we shall include him.
G. I. trainees : The Employer has on its pay roll 13 veterans of
World War II referred to in the record as "G. I . trainees" who are
1 The Employer stipulated at the hearing that a question concerning representation
exists.
WESTBROOK MANUFACTURING COMPANY 853
engaged in various classifications of production work pursuant to
the "on the job training program" of the Veterans Administration.
Under this program, which has been in force since January 1, 1946,
a veteran is referred to the Employer by the Veterans Administration
and the Employer may hire him or not as it sees fit. When engaged,
the veteran may be disciplined or discharged by the Employer as in
the case of any ordinary employee. Veterans receive training in the
various classifications of work in which they are employed and earn
appropriate rates of pay.2 The Employer pays the veterans from
its own funds, receiving no reimbursement from any source although
a portion of the total compensation received by the veteran is paid to
him by the Government under legislation designed to assist veterans
in their return to civilian life. The Employer makes monthly reports
to the Veterans Administration showing the number of hours worked
and the progress made. Some of the trainees have already become
regular employees of the Employer. The trainees have a reasonable
expectation of becoming regular employees upon the completion of
their training program and the Employer intends to hire some of
them as such, depending upon their qualifications and available
vacancies at the time.
The Employer contends that these men should not be included in
the unit because they are students in training, they are more difficult
to discipline and they are not as productive as ordinary employees.
We find no merit to this contention. The trainees are employed on
production work in the same manner as other employees. They are
obliged to conform to plant rules as to conduct and work requirements,
are paid on a basis comparable to other employees and have reasonable
expectation of eventually becoming ordinary employees. We are of
the opinion that they have sufficient interest in collective bargaining
concerning wages, hours, and working conditions to warrant their in-
clusion in the unit.3
We find that all production and maintenance employees of the
Employer, including employees in the supply department, the watch-
man, and G. I. trainees, but excluding clerical employees and all su-
pervisory employees with authority to hire, promote, discharge, disci-
p line, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a 'unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
2 The recora discloses that the trainees are paid on average of 75 cents an hour, whereas
ordinary employees earn an average of 85 cents an hour. This difference is in all probability
accounted for by the fact that the trainees start out on apprentice rates.
3 Matter of Atlantic Towing Company , 71 N. L. It B. 640.
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Westbrook Manufacturing
Company, Jackson, Mississippi , 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 Fifteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Sections
203.55 and 203.56, of National Labor Relations Board Rules and Regu-
lations-Series 4, 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 United Brotherhood of Carpenters and
Joiners of America, A . F. L., for the purposes of collective bargaining.