The Rushton Co.

In the Matter of W. W. RUSHTON, M. P. RUSIITON , MARY W. RusH- TON, AND ELLA WIGHT RUSHTON , D/B/A THE RUSHTON COMPANY, EMPLOYER and PLAYTHINGS, JEWELRY, AND NOVELTY WORKERS IN TER- NATIONAL UNION (C. I. 0.), PETITIONER Case No. 10-R-2818.-Decided January 21, 1948 Jar. Robert P.MeLarty, of Atlanta, Ga., for the Employer. Mr. W. R. Thrasher, of Atlanta, Ga., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Atlanta, Georgia, on November 28, 1947; before A. C. Joy, 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 1 makes the following: FINDINGS OF FACT 1. TIME BUSINESS OF THE EMPLOYER W. W . Rushton, M . P. Rushton, Mary W. Rushton and Ella Wight Rushton, doing business as The Rushton Company, are co-partners engaged at their Atlanta , Georgia, plant, in the manufacture of soft- stuffed toys . Annually, the Employer manufactures products valued in excess of $275,000, approximately 90 percent of which is shipped to points outside the State of Georgia. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. ' Puisuant to Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three -man pane] consisting of the undersigned members [ Chairman Herzog and Members Reynolds and Murdock]. 75 N. L. R. B., No. 114. 973 974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the agreement of the parties, we find that all the Employer's production and maintenance employees, excluding office and clerical employees, guards, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the, investigation to ascertain representatives for the purposes of collective bargaining with W. W. Rushton , M. P. Rushton, Mary W. Rushton and Ella Wight Rushton, d/b/a The Rushton Company, Atlanta , Georgia, an election by secret ballot shall be con- ducted 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, subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regu- lations-Series 5, 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, 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 Playthings, Jewelry, and Novelty Workers International Union ( C. I. 0.), for the purposes of collective bargaining.