Sellers Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Feb 12, 1951

93 N.L.R.B. 202 (N.L.R.B. 1951)

'202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find, therefore, that the units sought by the Petitioner in
Cases Nos. 20-RC-965 and 20-RC-1012 are not at the present time
appropriate, and shall for that reason dismiss the petitions in those
,cases."
Order
IT IS HEREBY ORDERED that all the petitions herein be, and they here-
by are, dismissed.
8 In view of our disposition herein, it is not necessary to pass upon the remaining issues
raised by the parties.
.SELLERS MANUFACTURING COMPANY, INCORPORATED and TEXTILE
WORKERS UNION OF AMERICA , C. I. 0., PETITIONER . Case No.
34-RC-e41. February 12, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Miles J. McCormick, hear-
ing 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 Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. Sellers Manufacturing Company, Incorporated, the Employer
named herein, and hereinafter called Sellers,' and National Process-
ing Company, hereinafter called National, are jointly and severally
engaged in commerce within the meaning of the Act.
2. The labor organization involved claims to represent certain em-
ployees of Sellers .2
3. A question affecting commerce exists concerning the representa-
tion of employees of Sellers and National within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of production and maintenance
employees at Sellers' cotton yarn plant at Saxapahaw, North Carolina.
1 The name of Sellers appears herein as amended at the hearing.
2 At the hearing, Sellers offered to prove, and moved to dismiss the petition on the ground,
that the Congress of Industrial Organizations, with which the Petitioner is affiliated, had
not complied with the filing requirements of Section 9 of the Act. The hearing officer re-
jected the offer of proof and reserved ruling on the motion to dismiss for the Board. For
reasons set forth in J. H. Rutter-Rex Manufacturing Co., Inc., 90 NLRB 130, we sustain
the hearing officer's rejection of the offer of proof and deny the motion to dismiss. It may
be added that the Board's records show that the Congress of Industrial Organizations was
in compliance with the filing requirements of the Act at the time the petition herein was
filed and is currently in compliance.
93 NLRB No. 29.
SELLERS MANUFACTURING COMPANY, INCORPORATED 203
Sellers contends that the unit appropriate for production and main-
tenance employees at its plant should I also include production and
maintenance employees at National's quilling plant at Burlington,
North Carolina.
Sellers, with approximately 350 employees, is engaged in the
spinning, mercerizing, quilling, and winding of cotton yarn. About
15 miles distant from Seller's plant, National, with 10 to 12 employees,
is engaged in quilling yarn for Sellers.3 National does only such
quilling as is beyond Sellers' capacity, and does no work for any
other concern. Yarn is carried back and forth between the plants
by truck. Sellers does National's office work, and owns virtually all
its capital stock. The corporations have the same directors and
officers, except vice presidents. Hiring is done at each plant. Em-
ployees transfer from one plant to the other during slack periods.
Sellers' and National's employees have the same general employee
benefits in accordance with a single labor policy applying to both
plants, and are under the over-all supervision of Sellers' general
superintendent.
Because of the virtually complete integration of the operations and
functions of Sellers and National, the common ownership and control,
and the common interests and supervision of employees, we find that
Sellers and National constitute a single employer within the meaning
of Section 2 (2) of the Act, and that their employees constitute a
single appropriate unit for the purposes of collective bargaining.'
We find that all production and maintenance employees of Sellers
and National at their Saxapahaw and Burlington, North Carolina,
plants, respectively, excluding the time-study man,5 and the recep-
tionist, payroll clerks, and other office clerical employees,6 and guards
and supervisors, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
5. Because the Petitioner has made an adequate showing of interest
among employees in the broader unit herein found appropriate, we
shall direct an election among these employees. If, however, the
3As noted above, Selleis also does quilling.
4 Sidney F. Pearlman and William J. Pearlman, d/b/a South Georgia Pecan Shelling
Company, et at., 85 NLRB 591, and cases cited therein
5 No special factors appear in the instant case which would warrant a deviation from the
Board's general policy of excluding time-study employees from production and maintenance
units Southern Desk Company, 92 NLRB No 137, Ingersoll Milling Machine Company,
78 NLRB 535.
O The Employer would exclude only confidential office clerical employees. In manu-
facturing plants, we do not, however, Under established Board policy, include office clerical
employees in production and maintenance units. Because the receptionist and the payroll
clerks, who work in Sellers' office under other supervision, are primarily office clerical
employees, we exclude them as such from the production and maintenance unit. South-
ern Desk Company, supra; Consolidated Electrical Products, Not Incorporated, et at.,
71 NLRB 360, Southland Manufacturing Company, 91 NLRB No. 38.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Petitioner does not wish to participate in an election at this time, it
may withdraw its petition filed in' this proceeding upon notice to
that effect given to the Regional Director in writing within ten (10)
days from the date of the Direction of Election.
[Text of Direction of Election omitted from publication in this
volume.]
7 Sunshine Broadcasting Company, et al , 83 NLRB 1244
SLATER SYSTEM, INC. and LOCAL 103 , INTERNATIONAL UNION OF
ELECTRICAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER.
Case No. 4-RC-9939. February 12, 1951.
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act,' a hearing was held before Harold Summers,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.1
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated is powers in connection with
this case to a three-member panel. [Chairman Herzog and Members
Houston and Reynolds].
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 organizations involved claim to represent certain em-
ployees of the Employer.
3. The Intervenor contends that a current collective bargaining
agreement between it and the Employer is a bar to this proceeding.
The Petitioner asserts that the contract is not a bar because, inter alia,
a schism in the Intervenor's membership creates a doubt concerning
its continued representation of the Employer's employees. The Em-
ployer is neutral.
The Petitioner's claim of schism is based upon the following facts.
In 1939, the Intervenor was certified as bargaining representative of
the production and maintenance employees of Radio Corporation of
America, at its Camden, New Jersey, plant.1 In 1940, the Intervenor
1 For the reasons given in paragraph 3, below , the motion of the Intervenor , United Elec-
trical, Radio and Machine Workers of America and its Local 103, herein called UE, to
dismiss the petition is denied The Petitioner ' s motion to incorporate in this record those
parts of the record in Case No 5-RC-461 (Radio Corporation of America ( Victor Divi-
sion )), 89 NLRB 699 , which deal with the attempt of RCA Camden members of the UE
to disaffiliate from the UE is granted
2 RCA. (Victor Division ), 19 NLIIB 24.
93 NLRB No. 28.