Nebel Knitting Co.

National Labor Relations Board - Board Decisions

Jun 20, 1947

74 N.L.R.B. 310 (N.L.R.B. 1947)

In the Matter of NEBEL KNITTING Co--NIPANY, EMPLOYER and AMERICAN
FEDERATION OF HOSIERY WORKERS, CIO, PETITIONER
Case No. 5-R-699.Decided June W, 1947
Mr. William H. Abernathy, of Charlotte, N. C., for the Employer.
Mr. H. G. B. King, of Chattanooga, Tenn., and Mr. Robert D. Beane
and Miss Adeline Stemp, both of Charlotte, N. C., for the Petitioner.
Mr. Sydney S. Asher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Charlotte,
North Carolina, on January 22, 1947, before Charles B. Slaughter,
hearing officer, The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. After the con-
clusion of the hearing, the Employer filed a written motion to include
in the record certain statements of Charles E. Hicks, a witness for the
Employer at the hearing. This motion is opposed by the Petitioner.
The testimony sought to be included consists principally of statements
that it was "very likely" that some of the manufacturers who supply
the Employer with yarn will "soon" wish to discontinue doing so, re-
sulting in a change In the ratio of knitters to other employees, and a
consequent change in the wage levels of knitters as compared to those
of other employees. The evidence sought to be admitted is indefinite
and speculative in nature. Moreover, it is not new-found evidence;
the Employer had ample opportunity to present it at the hearing while
Mr. Hicks was on the stand. Finally, if this proposed evidence were
now admitted, the Petitioner would be deprived of an opportunity to
cross-examine Mr. Hicks with respect thereto. Accordingly, the Em-
ployer's motion is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Nebel Knitting Company is a North Carolina corporation, engaged
at its only plant in Charlotte, North Carolina, in the manufacture of
74 N. L. R. B., No. 50.
310
NEBEL KNITTING COMPANY 311
rayon full-fashioned and seamless hosiery. During the first 6 months
of 1946, the Employer purchased raw materials valued at approxi-
mately $176,000, of which in excess of 80 percent was shipped to its
plant from points outside the State of North Carolina. During the
same period, the Employer's sales of finished products amounted to
approximately $700,000, of which in excess of 80 percent was sold and
shipped to points outside the State.
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 Congress
of Industrial Organizations, 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 meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit composed of all full-fashioned hosiery
knitters, knitter helpers and knitting leg bar toppers in the Employer's
full-fashioned knitting operations, excluding machine fixers, machine
mechanics, clerical employees, executives, superintendents, foremen,
foreladies, and all other supervisory employees. The Employer main-
tains that the unit sought by the Petitioner is too narrow, and that
the appropriate unit should embrace all non-supervisory production
and maintenance employees in the Employer's plant.
In the manufacture of full-fashioned hosiery, the yarn is first placed
on the knitting machines by the knitter, and there knitted into flat
stockings.' The hosiery then goes through the operations of looping,
seaming, gray goods inspecting, dyeing, boarding, finished goods in-
specting, stamping, boxing, and shipping. All of the foregoing opera-
tions at the Employer's plant are conducted within a single two-story
' Knitters perform only limited mechanical adjustments ; they rely upon the fixers to
keep the machines in proper working order. The full -fashioned knitting machines are
Reading backrack type, of three different sizes-42 gauge , 20 section ; 45 gauge, 24
section ; and 45 gauge , 20 section . These machines are many times more expensive and
mechanically intricate than other machines in the plant.
312 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
building. The knitting operations are physically separated from the
remainder of the plant in the east and west wings of the first floor.
The Employer employs approximately 224 employees, of whom 76,
are full-fashioned knitters. The employees engaged in the knitting
operations are predominately men, whereas the other operations are,
for the most part, performed by women. The operation of full-fash-
ioned knitting machines requires a higher degree of training and skill
than does any other operation performed in the plant. Full-fashioned
knitters earn higher wages than do other employees? There are no,
transfers between knitters and employees engaged in other operations.
Although all manufacturing operations are under the general super-
vision of a superintendent, directly under him are 5 foremen exclu-
sively responsible for the full-fashioned knitting. The full-fashioned
knitters operate on 3 shifts ; whereas the other employees work only
1 shift.
There has been no history of collective bargaining involving any
employees of the Employer.3 On October 29, 1940, the Petitioner lost
a consent election among employees in an agreed production and main-
tenance unit. In 1943, the Petitioner renewed its organizational drive
among the employees of the Employer, and was successful in obtaining
a substantial number of membership authorizations only among the
employees sought in the petition.
The Employer contends that its operations are so integrated that it
would be improper to establish a unit of full-fashioned knitting em-
ployees. It maintains that the Petitioner, while exerting its efforts
to interest the highest paid group of employees, has neglected organi-
zation of the others. However, we are convinced that the employees
herein sought to be represented by the Petitioner constitute a ho-
mogeneous, integrated and readily definable group with a high degree
of skill and training. Moreover, the record supports the contention of
the Petitioner that, despite its efforts to organize all employees in the
plant, only the knitters showed sufficient interest, the others remaining
apathetic. The Board has just had occasion, in the Garden State
Hosiery case,4 to reexamine the well-established doctrine, which gives
weight to the extent of organization, particularly as applied to the
2 There are three different wage levels among the full-fashioned knitters , but their pay
averages between $ 70 and $ 73 per week Seamers and menders earn approximately 75
percent as much as the knitters , gray goods inspectors are paid between $ 45 and $50
per week , toppers earn approximately $ 32 per week , and dyers receive approximately $20,
per week less than knitters
30n May 23, 1940 , the Board issued a Decision and Direction of Election in which it
ordered an election among the employees of the Employer in a production and maintenance
unit sought by the Petitioner and unopposed by the Employer . Matter of Nebel Knitting
Company, Inc , 23 N. L R. B. 1155 . The petition was later withdrawn by the Petitioner,
with the approval of the Board.
4 Matter of Garden State Hosiery Go , 74 N L. R B., 318.
NEBEL KNITTING COMPANY 313
full-fashioned hosiery industry. In that case, a majority of the Board
reaffirmed the Board's long-standing practice of determining the ap-
propriateness of a bargaining unit partly in the light of the extent of
self-organization, provided certain other relevant factors and safe-
guards are also present. We are of the opinion that the facts in the
instant case warrant such treatment in determining whether the unit
sought is appropriate.
In view of the high degree of training and skill possessed by the full-
fashioned knitters, their physical segregation, and separate supervi-
sion, and in the light of the present extent of self-organization among
the employees of the Employer, we shall, at this time, establish the
unit sought herein by the Petitioner.5
We find that all full-fashioned hosiery knitters, knitter helpers and
knitting leg bar toppers in the Employer's full-fashioned knitting op-
erations, but excluding machine fixers, machine mechanics, clerical em-
ployees, executives, superintendents, foremen, foreladies, and all 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Nebel Knitting Company, Char-
lotte, 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 Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
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
6 Matter of Forest City Knitting Company, 69 N. L R B. 89 ; Matter of Chadbourne
Hosiery Mills, Inc, 74 N L R. B., 333; Matter of Waldensian Hosiery Mills, In-
corporated, 74 N. L R B 315 ; and of. Matter o f Hudson Hosiery Company, 74 N. L.
R B 250, all issued this day
314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by American Federation of Hosiery Workers, CIO, for the purposes
of collective bargaining.
MR. JAMES J. REYNOLDS, JR., dissenting :
For the reasons stated in my dissenting opinion in Matter of Garden
State Hosiery Co.'s I do not believe that the extent of the Petitioner's
effective organization of the employees involved is a proper factor
to be used in determining the appropriate unit.
Accordingly, I would dismiss the petition herein.
8 74 N. L. R. B. 318, issued this day.