Flint Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1943

52 N.L.R.B. 63 (N.L.R.B. 1943)

In the Matter of FLINT MANUFACTURING COMPANY and UNITED TEx-
TILE WORKERS OF AMERICA (A. F. OF L.)
Case No. B-5730.-Decided August 21,1943
Mr. George B. Mason, of Gastonia, N. C., for the Company.
Mr. J. L. Hamnne, of Gastonia, N. C., Mr. Johrl W. Pollard, of Spar-
tanburg, S. C., and Mr. C. E. Earnhardt, of Salisbury, N. C., for the
Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I I STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of Amer-
ica (A. F. of L.), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Flint Manufacturing Company, Gastonia, North Carolina,
at its Plants Nos. 1 and 2, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Robert A. Levett, Trial Examiner. Said hearing was
held at Gastonia, North Carolina, on July 22, 1943. The Company
and the Union appeared, participated, and were afforded full op-
portunity 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
I. THE BUSINESS OF THE COMPANY
Flint Manufacturing Company, a North Carolina corporation, op-
erates two plants at Gastonia, North Carolina, where it is engaged in
the manufacture, sale and distribution of combed yarns, practically all
of which are used in the manufacture of material for Army and Navy
uniforms. _
52 N. L. R. B., No. 14.
63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The principal raw material used by the Company at the Gastonia
plants is cotton, approximately.90-,percent;of which-is shipped to the,
said plants from points outside the State of North Carolina. The
Company's purchases of cotton for processing at the aforesaid plants
amount in value to approximately $1,000,000 annually. The Com-
pany ships about 75 percent of the finished products of the Gastonia
plants to points outside the State of North Carolina. Such finished
products amount in value annually to approximately $2,000,000.
The Company admits that it is engaged in commerce within `the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting. to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union requested recognition by the
Company as the exclusive bargaining representative of its employees
and that the Company refused such recognition on the ground that
it doubted the Union's alleged majority status and on the further
ground that the alleged bargaining unit, was inappropriate for the
purposes of collective bargaining.
A statement of the Regional Director, introduced into evidence at
the hearing, and a supplemental statement by the Trial Examiner at
the hearing indicate that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all production and maintenance
.employees at botli,plahts'of the Company,;'e$cludiilgisuperiisory^em-
ployees and clerical employees.2 The principal dispute concerns the
' The Regional Director reported that the Union submitted 177 authorization cards
bearing apparently genuine signatures of persons listed on the Company 's pay roll of
June 18 , 1943, which contained the names of 476 employees in the appropriate unit. The
Union submitted to the Trial Examiner at the hearing 21 additional cards bearing appar-
ently genuine unduplicated signatures of persons whose names appear on the Company's
pa} roll of the same date
In a previous decision , the Board dismissed a petition of, the Union for an , election
confined to Plant No . 2 of the Company's operations on the ground that a single plant unit
\\ as inappropriate for the purposes of collective bargaining . -This decision was based
primarily upon the high degree of functional integration between the two plants. The
Union in the instant proceeding is petitioning for a unit which includes the employees of
both plants Matter of Flint Mfg. Co. ( Plant No. Z), 49 N L. R. B. 1084.
FLINT MANUFACTURING COMPANY 65
classification of several categories of employees whom the Union con-
tends are supervisory employees and would therefore exclude from
the appropriate unit . These categories are section hands, fixers, and
-card grinders . The Company contends that the employees in the afore-
mentiohed"categories are not supervisory and should therefore be in-
cluded in the unit . ' The Company also wishes to include clerical
employees in the unit . The parties stipulated that the plant superin-
tendent , the four overseers , the master mechanic , and the office man-
ager are supervisory employees and should be excluded.
There are 12 section hands, 6 in each plant . They are paid on an
hourly basis , although their wage rate is considerably higher than
that of the ordinary production and maintenance employees. They
keep time records for all piece -rate and hourly paid employees under
their supervision . In addition, they set the frames for changes in
the size and type of thread produced . Section hands do not have
authority to hire or discharge other employees , but it is their duty
to mare recommendations with respect to promotion , discharge, and
discipline and their recommendations are generally the basis for such
action by the overseers and usually have controlling influence on de-
cisions involving the status of employees . The plant superintendent
described the section hands as the "mouthpiece" for the overseers, the
means by which management maintains actual contact with the work-
ers. Clearly section hands are supervisory employees with authority
and responsibility ' for making . recommendations affecting the status
of their subordinates: ' W'e' 'sliall exclude them . from the unit.
There are 12 fixers and 2 card grinders, divided equally between
the two plants . They are the skilled maintenance workers whose func-
tion is to keep the machinery in correct adjustment . On occasion, it
is necessary for fixers and card grinders to obtain help , although only
for a few minutes at a time. Their need for assistance is not suffi-
ciently great that it is necessary to provide regular helpers for them.
When a helper is needed , the fixer or card grinder usually calls upon
whatever employee happens to be near by. They are paid on an
hourly basis , like other production and maintenance employees, and
have the same vacation privileges and the same recreational and rest
facilities fas ;the;other production ;and, maintenance employees.
The Union contends and the Company denies that fixers and card
grinders have authority to recommend discharge . The evidence indi-
cates that fixers and card grinders have the right to complain of unsat-
isfactory work by employees - whose work affects their own , just as
any other employees can 'complain of unsatisfactory work' affecting
them . , Such complaints cannot be said to be an effective recommenda-
tion of disciplinary action . The record does not indicate that it is the
duty or responsibility of fixers and card grinders to recommend dis
66 DE'CTSSIONS OF NIATIONAL LABOR RELAfrIONS BOARD
charge or, other disciplinary action. We shall include them • in the
appropriate units I ,
The Union would exclude the two clerical employees from'tile unit
while the Company would include them. The clerical employees work
in' a separate building located between the two plants. We custom-
arily exclude clerical employees from units of production employees
in the absence of some compelling reason for including them. They
are not eligible to membership in the Union and the Union has made
no attempt to organize them. We shall exclude the clerical employees
from the unit.
In accordance with the stipulation of the parties and the above con-
clusions, we find that all production and maintenance employees of
the Company, at its two plants at Gastonia, North Carolina, including
fixers, card grinders, and watchmen, but excluding clerical employees,
the plant superintendent, overseers, the master, mechanic, and office
manager, section hands and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively to 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 an election by secret ballot among the em=
ployees 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.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for, the purposes of collective bargaining with Flint Manufactur-
ing Company, Gastonia, 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 super-
vision 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, Section 10, of said Rules and Regulations, among `the
employees in the unit found appropriate in Section IV, above, who were.
3 Matter of Aponaug Mfg. Co., 36 N. L. R. B. 371.
FLINT MANUFACTURING COMPANY 67
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,
to determine whether or not they desire to be represented by United
Textile Workers of America, affiliated with the American Federation
of Labor, for the purposes of collectiv' bargaining.
CHAIRMAN MILLfs took no part in the consideration of the above
Decision and Direction of Election.
54J87:3 -44 -yol. 52 --(