Samarkand Rugs, Inc.

National Labor Relations Board - Board Decisions

Feb 13, 1946

65 N.L.R.B. 1048 (N.L.R.B. 1946)

In the Matter of SAMARKAND RUGS, INC., AND ROCK HILL YARN MILL,
INC. and TEXTILE WORKERS UNION OF AMERICA CIO
Case No. 10-R-1653.-Decided February 13, 1946
Messrs. Johan T. Roddey and T. C. Sippel, of Rock Hill, S. C., for
the Company.
Mr. J. H. Fullerton, of Charlotte, N. C., and Mr. Callie A. Smith,,
of Rock Hill, S. C., for the Union.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIRE CASE
Upon an amended petition duly filed by Textile Workers Union of
America, CIO, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Samarkand Rugs, Inc., and Rock Hill Yarn Mill, Inc.,
Rock Hill, South Carolina, herein called Samarkand and Rock Hill,
respectively, and collectively referred to as the Companies, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Walter B. Wilbur, Trial Examiner. The
hearing was held at Rock Hill, South Carolina, on December 6, 1945.
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 prej-
udicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Samarkand Rugs, Inc., is a Pennsylvania corporation having its
principal place of business in Rock Hill, South Carolina, where it is
engaged in the manufacture of rugs. Its annual purchases of raw
65 N. L. B. B., No. 187.
1048
SAMARKAND RUGS, INC. 1049
materials are valued in excess of $25,000, approximately 40 percent
of which is shipped to it from points outside the State . Its annual
sales of finished products are valued in excess of $25,000, approxi-
mately 90 percent of which is shipped to points outside the State.
Rock Hill Yarn Mills, Inc., is a South Carolina corporation having
its principal place of business in Rock Hill, South Carolina , where it
is engaged in the manufacture of yarns. Its annual purchases of raw
materials are valued in excess of $25,000 and its annual sales of finished
products are valued in excess of $25,000 , 50 percent of which is shipped
to points outside the State.
The Companies do not contest the Board 's jurisdiction , and we find
that they are engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
The Companies have refused to grant recognition to the Union as
the exclusive bargaining representative of certan of their employees
until the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, 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 comprising all production and maintenance
employees of the Companies, including fixers, but excluding office
clerical employees, supervisors, and foremen. Although the Companies
do not object to the specific composition of such unit, they contend that
the employees of Samarkand and Rock Hill, respectively, constitute
separate appropriate units.
The two Companies have in common, inter alia, the same president,
general manager, board of directors, and clerical personnel simul-
taneously serving both Companies. The two mills are located within
'The Field Examiner reported that the Union submitted 138 cards bearing the names
of employees listed on the Company's pay roll, and that the cards are dated August, Sep-
tember, and October 1945, and 20 were undated. There are approximately 135 employees
in the appropriate unit.
1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approximately 2 blocks of each other; Rock Hill supplies Samarkand
with all of its yarn requirements ; they have a common machine shop ;
and there is some interchange of unskilled employees between the two
mills. In support .of their contention for separate units, the Com-
panies emphasize their separate corporate entity and the difference in
the types of skill required by employees in the two mills. However,
as indicated-above, it appears that the labor policy of both Companies
is determined by the same managerial representatives, and because
their operations are highly integrated, we are of the opinion that the
Companies constitute a single employer within the meaning of Section
2 (2) of the Act, and that the employees of the Companies at their
Rock Hill, South Carolina mills, constitute a single appropriate Unit .2
We find that all production and maintenance employees of the Com-
panies, including fixers but excluding office clerical employees, super-
visors, foremen, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, 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.
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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Samarkand Rugs,
Inc., and Rock Hill Yarn Mill, Inc., both of Rock Hill, South 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 Tenth
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 employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period
2 See Matter of Shopherd Tractor and Equipment Co., et al., 65 N. L. R. B. 38.
SAMARKAND RUGS, INC. 1051
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.
1