Hadley-Peoples Manufacturing Co.

In the Matter of HADLEY-PEOPLES MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. 5-R-184.-Decided March 31, 1945 Mr. Kenneth M. Brim, of Greensboro, N. C., for the Company. Mr. L. L. Shepherd, of Winston-Salem, N. C., for the Union. Mr. Louis Cokin, of counsel'to the Board. DECISION AND 0 DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Hadley-Peoples Manufacturing Company, Siler City, North Carolina, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held at Greensboro, North Carolina, on March 1, 1945. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi-, dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial 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 I. THE BUSINESS OF THE COMPANY Hadley-Peoples Manufacturing Company is a North Carolina cor- poration operating a plant at Siler City, North Carolina, where it is engaged in the spinning of cotton yarn. During 1944 the Company purchased materials valued in excess of $54,000, about 30 percent of which was shipped to it from points outside the State of North Caro- lina. During the same period, the Company manufactured products valued in excess of $100,000, approximately 95 percent of which was shipped to points outside the State of North Carolina. 61 N. L. R B., No. 28. 236 HADLEY-PEOPLES MANUFACTURING COMPANY 237 The Company admits that it is 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 mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive bar- gaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees within the unit hereinafter found to be appropriate .1 We find that a question affecting commerce has arisen concerning the representation of employees 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 urges that all production and maintenance employees of the Company, including watchmen, but excluding office clerical employees, second hands, and superintendent, constitute a unit appro- priate for the purposes of collective bargaining. The only contro- versy with respect to the unit concerns an employee named Bun Bray and a pay-roll clerk. Bun Bray was hired by the Company to supervise the construction of a basement and additions to the Company's plant. Bray is in com- plete charge of the building operations and has the authority to hire and discharge the five or six employees working under his supervi- sion. We find that Bray is a supervisory employee, and as such, we shall exclude him from the unit. The Company employs a pay-roll clerk named Langley. She works in the plant part-time performing various production jobs and spends the remainder of her time working on pay-roll records in the super- intendent's office. The record indicates that she spends a considerable amount of her time performing clerical work. Accordingly, we shall exclude the pay-roll clerk from the unit. We find that all production and maintenance employees of the Company, including watchmen, but excluding office clerical employees, pay-roll clerk, second hands, superintendent, foremen, and other supervisory employees with authority to hire, promote, discharge, dis- I The report of the Field Examiner shows that the Union submitted 111 application cards. There are approximately 270 employees in the appropriate unit 639678-45-vol. 61-17 238 DECISIONS OF NATIONAL LABOR REI:ATIONS BOARD cipline, 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 means of 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. Lanson Harley was employed by the Company at the time of the hearing as an overhauler. Harley is normally employed as a second hand, but because of illness was temporarily given a job of overhauling. However, the record discloses that Harley will resume his duties as a second hand when his health permits. Accordingly, we find that he is ineligible to vote in the election. 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 Rela- tions 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 Hadley 'eoples Manufacturing Company,- Siler City, North Carolina, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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 Article III, Sections 10 and 11, 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 pre- ceding 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 any who who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of election, to determine whether or not they desire to be represented by Textile Workers Union of America, C. I. 0., for the purposes of collective bargaining. 2 Bun Bray is to be deemed excluded as falling within the supervisory definition set forth above.