Southern Bleachery & Print Works, Inc.

National Labor Relations Board - Board Decisions

Jun 9, 1943

50 N.L.R.B. 336 (N.L.R.B. 1943)

In the Matter Of SOUTHERN BLEACHERY & PRINT WORKS, INC. and
MACHINE PRINTERS BENEFICIAL ASSOCIATION
Case No. R-5317.-Decided June 9, 1943
Mr. Mortimer H. Freenum, for the Board.
Messrs. C. F. Haynesworth and F. D. Rainey, of Greenville, S. C.,.
for the Company.
Mr. Eric TV. Lindberg, of Greer, S. C., for the Union.
Mr. A. Sumirter Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
r STATEMENT OF THE CASE
Upon petition duly filed by Machine Printers Beneficial Associa-
tion, herein called the Union, alleging that a question affecting com-
merce had' arisen concerning the representation of employees of
Southern Bleachery & Print Works, Inc., Taylors, South Carolina,
herein called the Company,' the National Labor Relations Board
provided for an appropriate hearing upon due notice before George
S. Slyer, Trial Examiner. Said hearing was held at - Greenville,
South Carolina, on May 8, 1943. The* Company and the Union ap-
peared, participated, and 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 are free froi-q
prejudicial errors and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
Southern Bleachery & Print Works, Inc., a South Carolina cor-
poration, has its principal place of business and plant at Taylors,
IIncorrectly described in the petition and other formal papers as Southern Bleachery
& Print Works, Incorporated , and corrected by stipulation at the hearing.
'50 N L B. B., No. 49. -
336
SOUTHERN BLEACHERY & PRINT WORKS', INC. 337
South Carolina, where it is'engaged in the business of bleaching,
dyeing, finishing, and printing cotton piece goods. The Company,
uses annually at its plant raw materials of a value of approximately
$1,000,000, of which more than 90 percent is obtained from points
outside the State of South Carolina. More than 95 percent of the
Company's -finished products is shipped to points outside the State
of South Carolina. The Company admits that it is engaged in coln-
merce within the meaning of the National Labor Relations, Act.
II. TILE ORGANIZATION INVOLVED
Machine Printers Beneficial Association is an un,lfliliated labor
organization admitting to membership 'employees of the Company.
III. TIIE QUESTION CONCERNING REPRLSENTATION
On January 20, 1943, the Union, claiming to represent a majority
of the machine printers employed by the Company, requested recog-
nition as exclusive bargaining representative and a conference for the
purposes of collective bargaining. The Company declined the
Union's request upon the ground that it doubted the Union's claim
to majority representation.
A statement of a Field Examiner of the Board, introduced in evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.
We find that a question affecting commerce has arisen concerning
the representation ofemployees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should consist of
all machine printers employed by the Company, including the oper-
ator of 'a, strike-off machine, but excluding foremen and assistant
foremen. The Company does not contest the appropriateness of the
craft unit of machine printers proposed by the Union but does con-
tend that the unit should include foremen and assistant foremen- and
also that the operator of the strike-off machine should be excluded
therefrom.
With respect to the Company's contention that foremen and as-
sistant foremen should be included within the appropriate unit, the
Company claims that according to the constitution and bylaws of the
'The Field Examiner reported that the Union had submitted 14 signed designations of
which 11 bore the apparently genuine oiiginil signatures of persons whose names appear
on the Company's pay ioll of April 21, 1943, containing the names of 37 persons within
the appropriate unit.
338 DE'CZSIIONS OF NATIONAL LABOR RELATIONS BOARD
Union, foremen and, assistant foremen are eligible to membership
therein. However, we And it unnecessary to decide this question for
the reason that-in view of other circumstances hereinafter referred
to, it is immaterial to the present ,decision whether or not foremen or
assistant foremen are eligible to membership in the Union.3
The employees affected by the issue as to the inclusion or exclusion
of foremen a'nd assistant foremen' may, for the purposes of conven-
ience, be divided into two groups, referred to at the hearing as group's
"A" and "B", respectively.
Group A comprises two foremen and three assistant foremen whom
the Union claims and the Company admits have duties almost entirely,
supervisory in character, including the right on the part of the fore-
men to hire and discharge end the right on the part of the assistant
foremen to recommend the hire and discharge of employees. In
accordance with our usual practice of excluding employees with
substantial supervisory powers from an appropriate unit of non-
supervisory employees, we shall exclude the foremen and assistant
foremen hereinabove described from the appropriate -unit.
The second group referred to as Group B consists of six employees
whom the Union claims are regarded 'by the other employees as assist-
ant foremen but whom the Company contends are ordinary em-
ployees without supervisory duties of any kind. From the record it
appears' that while each of these employees has assigned to him a
bank of five or more printing machines, all are classified on the
Company pay roll as ordinary printers. They perform the duties
of spare or extra printers by relieving the regular printers in their
group during lunch periods, and by filling the positions of regular
printers who are absent from work because of sickness or other
reasons. Aside from, advising and assisting the regular printers
with respect to problems wherein the aid of the spare printers is
f sought by,reason of their greater training and experience, so-called
floor or spare printers give no directions to the regular printers and
have no authority to hire and discharge printers or to recommend
such action to the Company. Moreover, such employees do manual
work like other printers and do no work which a printer does not do.
Both spare'printers and regular printers report to and receive their
instructions from an assistant foreman. From evidence submitted
3 The Board has frequently held that the right of a labor organization to represent enm-
ployees is not to be limited by provisions of its constitution relating to the admission of
members See Matter of San-Equip, Inc . and International Association of Bridge, Struc-
tin-al, Ornamental Iron IVorkers , Local Union No 612 , 44 N L R. B 524; Matter of
Draper Corporation and International Molders and Foundry Workers Union of North
America, 49 N L. R . B 3202. Similarly , though often an element in the determina-
tion of the appropriate unit , the eligibi l ity of employees to membership in a labor organi-
-zation does not by itself of necessity qualify such employees for inclusion within the ap-
propriate unit. ' -
SOUTHERN BLEAC'HERT & PRINT WORKS, INC. 339
0
by the Company, it appears that the wages of spare printers are
comparable to those of ordinary printers, all of whom receive varying
amounts depending largely upon their skill and length of service with
the Company. Bonuses paid by the Company are equally applicable
to regular and spare printers. We are of the opinion and find that
spare printers included in the second group of employees in question
have substantial interests in common with the employees within the
appropriate unit. We shall, accordingly, include them in such unit.
There remains for consideration the question of including or ex-
cluding The strike-off machine operator. The strike-off machine is
similar,in all respects to a cloth printing machine. The purpose of
the strike-off machine is to print samples of cloth for determining
colors and prints, and for developing a standard for the printing'
machines; and for other experimental' purposes.. While the strike-off /
machine is not used to produce printed cloth, it nevertheless aids
production by providing an accuracy check upon the work of the
engraving shop, thereby preventing delays. Moreover, though less
skill is required in the operation of the strike-off machine, it is located
in the same department with the printing machines and has been
frequently operated by cloth printing machine operators, including
the present operator thereof, who was formerly employed as a printer.
Under the circumstances, we find that the operator of the strike-off
machine has substantial interests in common with employees within
the appropriate unit. We shall, accordingly, include him within
such unit.
We find that all machine printers employed by the Company includ-
ing floor or spare printers and the strike-off machine operator, but
excluding foremen ' and assistant foremen having the authority to
hire and discharge or to recommend such action, constitute an appro-
priate unit for the purposes of- collective bargaining within the
meaning of Section 9 (b) of the Act.
V. TIIE DETERDIINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
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 -
340 - DF/cfSQO'NS OF NATIONAL LABOR RELATIONS' BOARD
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Southern , Bleach-
ery , & Print Works, Inc., Taylors, 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, Section 10, of said Rules and Regulations,
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 employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Machine Printers Beneficial Association, for the pur-
poses of collective bargaining.
Labor' Relations Board Rules and Regulations-Series 2, as amended,