Carolina Maid Products, Inc.

D In the Matter of CAROLINA MAID PRODUCTS, INCORPORATED and INTER- NATIONAL LADIES' GARMENT WORKERS' UNION , A. F. OF L Case No. 5-R-1903.-Decided June 7, 1945 Mr. Don A. Walser, of Lexington, N. C., for the Company. Mrs. Joe L. Myers and Lola Rornand, of Chattanooga, Tenn., for the Union. ' Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Ladies' Garment Workers Union, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Caro- lina Maid Products, Incorporated, Granite Quarry, North Carolina, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sidney J. Barban, Trial Exam- iner. Said hearing was held at Salisbury, North Carolina, on May 15, 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 evidence 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 1. THE I3USINESS OF THE COMPANY Carolina Maid Products, Incorporated, is a North Carolina corporation engaged at Granite Quarry, North Carolina, in the manufacture of gar- ments, underwear, and slippers. During 1944 the Company purchased 62 N. L. R. B., No 26. 171 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD materials valued at about $200,000, over 90 percent of which was shipped to it from points outside the State of North Carolina. During the same period the Company sold products valued at about $350,000, 50 to 60 percent of which was shipped to points outside the State of North Carolina. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Ladies' Garment Workers' Union is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Prior to May 15, 1945, the Union requested the Company to recognize it as the exclusive bargaining representative of the Company 's employees. The Company refused this request. A statement of a Field Examiner of the Board , introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate 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 at the Granite Quarry, North Carolina, plant of the Company, excluding the executive vice president and general manager, foreladies, dress designer, and clerical and office employees, constitute an appropriate unit. The only controversy with respect to the unit concerns the dress designer. The Company carries on its pay roll a person classified as a dress designer. The dress designer is the wife of the executive vice president and general manager of the plant. She is paid on a salary rate, in contrast to the remain- ing employees who are paid on an hourly rate, and she works only when the Company requires-designing services. We shall exclude the dress de- signer from the unit because of her close relationship to the executive vice president and general manager and because of the dissimilarity between the work performed by her and that performed by the remaining employees in the plant. We find that all production and maintenance employees at the Granite Quarry, North Carolina, plant of the Company, excluding the dress de- signer, clerical and office employees, the executive vice president and gen- I The Field Examiner reported that the Union presented 50 authorization cards There are approxi- mately 78'employees in the appropriate unit. CAROLINA MAID PRODUCTS, INCORPORATED 173 eral manager, foreladies, and any other supervisory employees with author- ity 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 mean- ing 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 em- ployees in the appropriate unit who were employed during the pay-roll perioid 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 Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Carolina Maid Products, Incorporated, Granite Quarry, 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 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 preceding the date of this Direction, including employees who (lid 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 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 International Ladies' Garment Workers' Union. A. F. of L., for the purposes of collective bargaining.