Mock, Judson, Voehringer Co. of North Carolina, Inc.

MOCK, JUDSON, VOEHRINGER COMPANY 437 lint room, and meal room foremen,3 guards,4 and supervisors as de- fined in the Act. 5. The Employer's processing plant operates on a seasonal basis. Both parties request that any election directed be held at the peak of the season. It is the Board's policy in seasonal industries to direct an election at or about the peak of the season. Accordingly, we di- rect that an election be held at or about the peak of the season on a date to be determined by the Regional Director among the employees in the appropriate unit who are employed during the payroll period immediately preceding the date of the notice of election. [Text of Direction of Election omitted from publication.] 8 John Howard, Jim Adger, R. N. Powell, Walter Carter, and Emmett Player. A Including Sandy Edwards and Robert Gilyard. MOCK, JUDSON, VOEHRINGER COMPANY OF NORTH CAROLINA, INC. and AMERICAN FEDERATION OF HOSIERY WORKERS, AFL, PETITIONER. Case No. 11-RC-614. October 20,1954 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Gerald B. Sindler, 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 this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent certain em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The Petitioner seeks to represent a unit of full-fashioned hosiery knitters and helper-trainees. It contends that the knitters constitute a distinct and homogeneous skilled craft group which is entitled to separate representation. The Employer opposes the petition. It challenges the Petitioner's claim that the knitters are a skilled crafts- man group and assert that they are neither a true craft nor a func- tionally distinct and separate departmental unit of the type to which the Board in the past has granted separate representation. In any event, the Employer contends that the Petitioner may not represent the knitters as a separate unit because the Petitioner is an industrial union which has traditionally represented all hosiery mill workers 110 NLRB No. 59. 438 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and has not traditionally represented the separate interests of the knitters. The Employer also takes the position, contrary to that of the Petitioner, that fixers are not supervisors and should he in- cluded in any unit found appropriate. The Employer is a North Carolina corporation with its principal office in Greensboro, North Carolina. It maintains a yarn processing and knitting plant at Greensboro, North Carolina, a knitting plant at Decatur, Alabama, and a dye and finishing plant at Long Island City, New York. At the Greensboro plant, the only plant herein involved, it is engaged in the manufacture of full-fashioned hosiery. The Employer commenced operations there in 1927. Except for a period of approximately 1 year, when the Petitioner, after certifica- tion by the Board in 1945, bargained collectively for a unit of pro- auction and maintenance employees, there has been no history of collective bargaining at the Greensboro plant for the employees herein involved. We note that the question of the full-fashioned hosiery knitters' right to separate representation was previously considered by the Board in the case of Angelica Hosiery Mills, Inc.' Much of the testimony here presented relating to the duties, responsibilities, and interests of the knitters, as contrasted with those of other employees, is, in large measure, reflected in the record of the earlier Angelica proceeding. Thus, the present record discloses, as did the record of the earlier case, that when the Petitioner was established in 1914, it admitted to membership only knitters and their helpers; and that although, since 1928, the Union has represented the employees in the full-fashioned hosiery industry on an industrial basis, it has continued to require that persons admitted to membership as genuine knitters must serve a 4-year apprenticeship and a 2-month probationary period in the actual operation of a knitting machine. It also appears that no comparable requirements exist in the case of the auxiliary em- pl oyees in the industry. The Employer's Greensboro plant is approximately 105 by 648 feet in dimension. The Employer, who processes substantially all of the nylon yarn used in its knitting operations, employs a total of 785 pro- duction and maintenance employees. Of these, 307 are full-fashioned knitters who operate the Employer's knitting machines on a regular basis. Three employees are classified as spare knitters.2 The yarn processing, or "throwing," as the term is known in the industry, is con- ducted on the first floor of the plant. It consists essentially of throw- ing the raw yarn onto bobbins, and of twisting, steaming, sizing, and transferring it onto cones. At this stage, the processed yarn is stored 195 NLRB 1284. 2 Spare knitters are employees who have completed their training and have qualified as knitters but who have not been permanently assigned to a knitting machine Essentially they are part-time knitters. MOCK, JUDSON, VOEHRINGER COMPANY 439 preparatory to its use in the knitting process. The yarn is subsequent- ly knitted into flat stocking blanks. These blanks are examined, pre- set by a steaming process, and then taken to the seaming area where they are sewn by seaming operators into stockings. Thereafter the stockings are examined for defects. Those which are without defect are carried to dye nets which are in turn carried to the greige storage rooms and assembled by style and size preparatory to transfer to the shipping area for packing and shipping upon receipt of orders. De- fective stockings are either used for corrective purposes or taken to the mending area where they are repaired by menders. Thereafter, they are reexamined and processed for shipping in the same manner as the nondefective stockings. Except for some 13 machines on which the welt of the stocking must be turned by hand, the Employer's 103 knitting machines are of the modern automatic type. All of the machines except two 3 are 51 and 60 gauge machines. A knitting machine is valued at approximately $35,000. It is a complicated affair, about 50 to 55 feet in length, with thousands of parts.' A knitting machine is composed of 30 to 32 sec- tions, each section of which can, in the space of 35 minutes, simultane- ously knit a complete stocking blank. Although the machines are es- sentially automatic, the nature of the knitting process is such that each knitter must perform a variety of operations in the course of a single knitting cycle. Some of these operations require such exactness that the slightest deviation in adjustment could cause damage of one kind or another. Because of this possibility, a knitter must be schooled to rec- ognize a variety of inherent defects in the fabric due to mechanical failure or otherwise, and must be ready to make instant repairs if of a minor nature.5 So far as satisfactory operation of the machine is con- cerned, it is recognized that the quality of the product depends large- ly on the knitter's exercise of his acknowledged skill. Indeed, the knit- ter is charged with all defective work unless it is shown to be attributa- ble to some mechanical failure on the part of the machine. As in the Angelica case, considerable conflicting testimony was presented by both parties concerning the length of time required be-' fore a trainee can qualify as a competent knitter. The Employer, however, does not dispute the fact that the work of a competent knit- ter cannot be performed without special training.6 However, the 3 The record shows that the Employer recently converted , on an experimental basis, two of the 51 gauge machines to 66 gauge. 4 The Employer 's witness estimated that a machine may contain as many as 100,000 parts One such machine is said to have approximately 20,000 knitting needles alone. 5 The knitter is equipped with some simple tools such as a carrier threader , thread pickup, carrier bender, butt puller, paintbrush , scissors , screwdriver, pliers , wrench, and a dental type mirror. Some of these tools are furnished by the Employer. 6 Thus, in the instant case, it is clear that, in the training of a knitter , the Employer lays considerable stress on the knitter's ability to straighten and align the knitting needles in the machine , perhaps the one most important function performed by the knitter. On the 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Employer's representatives maintain that knitters can be, and have been, trained in periods anywhere from 3 to 6 months. Be that as it may, the record does not show that any seamer, mender, or examiner (known as auxiliary employees ), must undergo any training com- parable in thoroughness to that of the knitters. Nor does the record make manifest that the duties and responsibilities of the auxiliary employees make such training essential' The relative importance of the knitter's skill in the knitting process is further reflected in the fact that , except for the fixers, he is the highest paid production employee , and the further fact that his rate of pay exceeds even that of the skilled maintenance machinists.' Because of the differences in the gauge and the extent to which a ma- chine may operate automatically , a knitter's earnings can be affected by the type of machine to which he is assigned as well as by the style of hosiery being knitted. Consequently, knitters, unlike auxiliary employees, have a special interest in establishing equitable rules gov- erning transfers between machines. Likewise, under present practice, apparently only a knitter is entitled to receive his average hourly earnings if his machine breaks down for periods in excess of 20 minutes, whereas in the case of an auxiliary employee , such as a seamer, the employee can be readily transferred to another machine without any effect on hourly earnings . In addition , the knitters are separately supervised and, as previously indicated, located apart from the auxiliary employees . Moreover, knitters, unlike the auxiliary employees, work on continuous shifts of 8 hours each, and the record shows that their timecards are kept in racks apart from those of other employees. From the foregoing, it would appear that the knitters would bring problems to the bargaining table which would differ materially from those of other employees . In the Angelica case the Board found, in comparable circumstances, that whether or not full-fashioned knitters highest gauge knitting machines , tolerances are as close as one-thousandth of an inch. Before a trainee can qualify as a spare knitter, he has to demonstrate his ability to straighten and align on at least 30 separate occasions , a given number of needles within a limited period of time. The record establishes that among the employees , all of whom are skilled knitters with many years of knitting experience , their training periods varied from a minimum of 6 months for an individual with unusual aptitude and perseverance to 4 years or more for others. 7 The most numerous classification apart from the knitters is that of seamers of whom there are some 167 Seaming is simply the task of sewing together the edges of the flat stocking. The machine used is essentially a type of sewing machine Its cost is $450, as against a cost of $35 ,000 for a knitting machine. 8 The average hourly earning for a knitter amounts to $2 2019 with some knitters earning in excess of $2 50 an hour. On the other hand, the machinists' rates vary from $2 to $2.25 an hour and the electricians earn from $1.25 to $1 60 an hour. Employees in the throwing classifications earn from $0.95 to $1.45 per hour. Although specific rates for the seamer , the next ,highest paid classification, were not given, it was stated that some of the highest paid seamers earn more than the lowest paid knitters . According to one exhibit, however, it is clear that on the average a knitter earns considerably more than a seamer. MOCK, JUDSON, VOEHRINGER COMPANY 441 constituted a true craft, they did constitute a functionally distinct and homogeneous group of highly skilled employees with interests sepa- rate and apart from those of other employees and, therefore, may be separately represented.' We are satisfied that, on the basis of the present record, we must reach a similar conclusion. Contrary to the Employer's belief, the right of the knitters to separate representation is not contrary to the principles which we established in the American Potash case 10 The principles there discussed including the tradi- tional union test apply only to situations where a petitioner seeks to sever a craft group or traditional departmental group from a plant- wide unit in the face of a substantial history of collective bargaining on a broader basis." In the instant case, there is no such controlling bargaining history. Furthermore, we find no merit in the Employer's argument that integration is a factor which precludes finding a unit of knitters appropriate. A similar contention was rejected by- the Board in the earlier Angelica case. We shall, therefore, find a unit of knitters appropriate for the purposes of collective bargainingl2 There remains, however, the question as to the exclusion of the fixers from the unit of knitters. The Employer employs 20 fixers in its knitting operations. They work on all 3 shifts as do the knitters; furthermore, each fixer is assigned to some 26 or 28 knitting machines. The fixers are skilled mechanics engaged principally in repairing and keeping the knitting machines in proper operating condition. Fixers have the duty of making the necessary adjustments on knitting ma- chines when style and size changes occur. In addition to these duties, two of the fixers are specifically assigned to the job of evaluating and correlating statistical information, upon the basis of which the fixers make certain adjustments in the knitting machines in order toeim- prove the quality of the product. In the event of damage to, or faulty operation of, a machine, the fixer has the initial duty and responsi- bility for determining the cause and the knitter's responsibility there- for. The fixer also has the authority to shut down a faulty operating machine and to direct the knitter, in the event of needle and other smashes, to make needed repairs. In addition to the foregoing, the fixer has the initial responsibility for determining the length of time 6 The Board has, since the Angelica case, recognized that a less than plantwide group may constitute an appropriate unit on other than a craft basis. See Foreman & Clark, Inc., 97 NLRB 1080 , 105 NLRB 333 , in which the Board relied upon the analogy of the Angelhca case The Board 's unit finding therein was recently affirmed in Foi emcm. & Clark, Inc. v N. L R B., 215 F 2d 396 (C A. 9). 10 American Potash & Chemical Corporation, 107 NLRB 1418. Campbell Soup Company, 109 NLRB 518. LiCoiitiary to the Employer' s contention , we do not regard our decision in Mills Industries, Incorporated, 108 NLRB 282 , as applicable to the instant case. There the Board was dealing with a situation where a labor organization , unsuccessful in its efforts to reestablish itself as the overall unit bargaining representative , sought to regain such status by severing certain craft groups from the broad unit which had been in existence for over 10 years. 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD needed for repairs, and thus is authorized to grant or withhold "down- time" for the knitter.13 The Board has frequently found fixers to be supervisors within the meaning of the Act 14 In the present instance, the evidence establishes that the fixer has the authority responsibly to direct the work of the knitters, at least insofar as it relates to the proper functioning, main- tenance, and repair of the knitting machines. Upon the basis of the foregoing and in conformity with the general practice in the indus- try, we find that fixers are supervisors within the meaning of the Act. Accordingly, we shall exclude them from such unit. On the basis of the record in this case, and entirely apart from any consideration as to the extent to which the Employer's knitters may have been separately organized'15 we find that all full-fashioned ho- siery knitters and helper-trainees, excluding office clericals, watchmen, guards, professional employees, all other employees, fixers, and all other supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. [Text of Direction of Election omitted from publication.] MEMBERS MURDOCK and BEESON took no part in the consideration of the above Decision and Direction of Election. 18 where a knitting machine remains idle for more than 20 minutes because of damage or faulty operation , a knitter is entitled to receive his average hourly rate for the period of time it takes to restore the machine to operation. 14 Nebel Knitting Company, 106 NLRB 114; Cole-Gann Hosiery Mills, Inc., 108 NLRB 1144. Cf. Mock-Judson-Voehringer Company of North Carolina, Incorporated, 63 NLRB 96, 98. 15 See Angelica Hosiery Mills, Inc., supra, at page 1289. PUBLIOIDAD ASTRA ET AL. and GREMIO DE PRENSA , RADIO, TEATRO Y TELEVISION DE PUERTO Rico, LOCAL 24929, AFL, PETITIONER. Cade No. 24-RC-602. October 21,1954 Decision, Order, and Direction of Election On March 5, 1954, the Board in effect severed this case from a consolidated proceeding' involving the representation of radio talent in Puerto Rico and remanded it to the Regional Director for the taking of additional testimony "concerning the arrangement for and production of radio programs for clients of the Astra Advertis- ing agency, including Colgate and Gillette, as well as others whom the Petitioner may wish to join, and for Colgate as a client of Radio Station WKAQ." In that decision the Board found that certain 1107 NLRB 1492. 110 NLRB No. 55.