Rodgers-Wade Manufacturing Co.

In the Matter of RODGERS-WADE MANUFACTURING COMPANY and UNITED FURNITURE WORKERS OF AMERICA, CIO Case No. 10-R-1684.-Decided July 2, 19/6 Mr. 0. B. Fisher, of Paris, Tex., for the Company. Mr. W. E. Keeter, of Dallas, Tex., for the CIO. Mr. Wilburn Middleton, of Houston , Tex., for the A. F. L. Mr. Robert J. Freehling, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Furniture Workers ,of America, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Rodgers-Wade Manufacturing Company, Paris, Texas, herein called the Company, the National Labor Relations Board, pro- vided for an appropriate hearing upon due notice before Joseph C. Wells, Trial Examiner. The hearing was held at Paris, Texas, on May 9 and 10, 1946. The Company, the CIO, and Upholsterers' In ternational Union of North America, A. F. L., herein called the A. F. L., appeared and participated.' All parties 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. TTIE BUSINESS OF THE COMPANY Rodgers-Wade Manufacturing Company is a partnership consisting of Bok Kimball, Mrs. J. F. Reeves , Mrs. Mamie Rodgers Baker, Mrs. I The A. F L attended only the first day of the hearing Since no request was made for an adjournment of the hearing, the Trial Examinei proceeded on the second day with only the Company and the CIO present We note in this connection that the A F L does not contend that it was prejudiced b^ the action of the Trial Exanunei. 69 N. L. R. B., No. 30. 264 RODGERS-WADE MANUFACTURING COMPANY 265 Virginia Baker Williams, Mrs. W. C. Clark, Helen E. Clark, Texana Davis, and Antonio Tavia Hernandez. The Company is engaged in the manufacture and jobbing of furniture at its plant in Paris, Texas. During the 12 months preceding the hearing, the Company used raw materials valued in excess of $50,000, of which more than 20 percent represented shipments from outside the State of Texas. During the same period, the Company manufactured and distributed finished products valued in excess of $50,000, of which more than 20 percent represented shipments to customers outside the State. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Furniture Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. Upholsterers' International Union of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. IIL THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the CIO as the exclusive bargaining representative of any of its employees until the CIO 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 Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The CIO seeks a plant-wide unit of all production and maintenance employees of the Company, including watchmen and warehousemen, but excluding clerical and office employees, truck drivers, and super- visors. The A. F. L. agrees with the appropriateness of the unit sought by the CIO. The Company urges, however, that five separate units are appropriate, consisting of: (1) lumber yard employees; (2) mill employees (including chair mill employees and watchmen) ; (3) assembling employees; (4) finishing employees; and (5) upholstering employees. In addition, it opposes the inclusion of warehousemen in any unit or units found appropriate by the Board, and would exclude employees C. P. Norrell and Will Chance on the ground that they are supervisors. Scope of unit There has been no prior history of collective bargaining by the Company. The Company is engaged principally in the manufacture 266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD •of various types of furnii tire . Its entire plant, consisting of a lumber yard and five buildings , is located within a single fenced enclosure, except for the warehouse building, which appears to parallel one end of the enclosure . The plant is divided organizationally into depart- ments, which include the lumber yard, the mills , and the assembling, finishing, upholstering, and packing departments . Inasmuch as the Company's manufacturing operation is a continuous process , an inte- grated functioning of all departments is required . In this connection, the record shows that each plant building houses employees of two or more departments, and that employees are frequently inter- changed between departments. In addition, the Company's personnel policy, including the hiring and discharging of employees , is handled at the plant level; conditions of employment appear to be uniform throughout the plant ; and close over-all supervision is maintained by the plant manager. The foregoing facts, therefore, indicate that a plant-wide unit of the Company is appropriate and we so find.2 Warehousemen The Company employs two warehousemen who are assigned to the warehouse building where they handle products received by the Com- pany in its jobbing operations and load finished products manufac- tured by the Company. These employees also move merchandise to the warehouse from the packing department, which is located in an adjoining building, and occasionally aid in the unloading of raw mate- rials at other sections of the plant . It is clear that the duties and inter- ests of the warehousemen are closely identified with those of the other production and maintenance employees . Accordingly , we shall include warehousemen in the unit. C. P. Norrell C. P. Norrell is employed by the Company as an upholsterer. He is hourly paid, receiving' 43 cents an hour, and is engaged almost entirely in the manual labor involved in upholstering chairs and rock- ers. Norrell is normally assisted in his work by one other employee and together they constitute "Upholstering Department No. 2." Nor- rell is responsible for the instruction of his assistant and has, on infre- quent occasions , effectively recommended the transfer of an assistant whom he considered undesirable . It is apparent that Norrell occupies the position of a skilled mechanic or journeyman , and that his recom- mendations do not go beyond those customarily made by every skilled craftsman regarding his less skilled helper. Under well-established principles of the Board, we are of the opinion that C. P. Norrell is not 2 See Matter of Longhorn Roofing Products, Inc , 67 N L R B 84, and Matter of Thomas- ton Cotton Mills, Griffin Division, et at., 66 N L. R. B. 731. RODGERS-WADE MANUFACTURING COMPANY 267 a supervisory employee and we shall , therefore , include him in the unit as a production employee.3 Will Chance Will Chance is employed by the Company in the chair assembly department. In addition to assembling chairs he normally supervises two of the employees in this department . Chance is hourly paid, receiving 50 cents an hour, and has effectively recommended the hiring of his subordinates . We are of the opinion that Will Chance is a supervisory employee within the Board 's customary definition, and accordingly, we shall exclude him from the unit as a supervisory employee. We find that all production and maintenance employees of the Company, including watchmen 4 and warehousemen , but excluding clerical 6 and office employees, 'truck drivers, and all supervisory employees 6 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. 1'. TILE DETERMIIN 1TION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby J Matter of Durat Texas 4'alphu) Company, 53 N L R B 1387 ° The watchmen are neither armed nor uniformed, nor do they appear to be militarized or deputized or to exercise monitorial duties. Included in this category is the shipping clerk This position is presently occupied on a temporary basis by Bok Kimball, Jr , son of one of the partners. In any event, Bok Kimball, Jr , is also excludable by reason of his relationship to management Matter of Casper Louenatein, Inc, 58 N L R B 1531 4 At the second day of the hearing, the CIO and the Company agreed, and we find, that the following individuals aie supervisory employees within the Boaid's customary defini- tion and should be excluded from the unit temporary foreman I, C Hester. foremen Tom Neal E L Ivey, J H. Bobo, J C Lentz, Sam Seas, C E Wright, R D Campbell, Clarence Knkham and H. Langford 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Rodgers-Wade Manufacturing Company, Paris, Texas, 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 super- vision of the Regional Director for the Sixteenth 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 Regu- lations, among employees in the unit found appropriate in Sectil>n 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 they desire to be represented by United Furniture Workers of America, 010, or by Upholsterers' International Union of North America, A. F. L., for the purposes of collective bargaining, or by neither.