A. W. Wheeler & Son, Inc.

National Labor Relations Board - Board Decisions

Jul 11, 1947

74 N.L.R.B. 518 (N.L.R.B. 1947)

In the Matter of A. W. WHEELERS, SOX, IN C., EMPLOYER and AMERI-
CAN FEDERATION OF HOSIERY WORKERS, CIO, PJTITIOIER
Case No. 5W--R b1.-Decided July 11, 1947
dlr. Ralph H. Ramsey, Jr., of Brevard, N. C., for the Employer.
Mr. Abraham Frank, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon petition duly filed, the National Labor Relations Board on
.April 22, 1947, conducted a prehearing election among employees of
the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally reveals that of the approximately 81 eligible
voters, 78 cast valid ballots, of which 54 were for the Petitioner, 24
against, and 2 were challenged.
Thereafter, an appropriate hearing 1 w-,-as held at Asheville, North
Carolina, on May 9, 1947, before Harold M. Weston, hearing officer.
The hearing officer's rulings made at the hearing are tree from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF TILE EMPLOYER
A. W. Wheeler & Son, Inc., a North Carolina corporation, is engaged
in the manufacture and sale of women's full-fashioned hose. Its
principal place of business and only plant is located at Brevard, North
Carolina. During the year 1946 the Employer purchased raw mate-
I Petitioner was served with Notice of Hearing but did not appear.
74 N. L. R. B., No 95.
518
A. W. WHEELER & SON, INC. 519
rials•valued at $136,500, all of which was derived from sources out-
side the State of North Carolina. During the same period the Em-
ployer sold finished products valued at $445,000, of which approxi-
mately 15 percent was shipped to purchasers located outside the State
of North Carolina.
The EEmployer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refused to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner 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 Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all produc-
tion and maintenance employees of the Employer, excluding clerical
employees, fixers, foreladies, superintendents, and all or any other
supervisory employees, 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
Inasmuch as the results of the election show that the Petitioner has
secured a majority of all votes cast, we shall certify the Petitioner as
the collective bargaining representative of the employees of the
Employer in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that American Federation of Hosiery Work-
ers, CIO, has been designated and selected by a majority of the produc-
tion and maintenance employees of A. W. Wheeler & Son, Inc., of Bre-
vard, North Carolina, excluding clerical employees, fixers, foreladies,
520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
superintendents, and all or any other supervisory employyes, as their
representative for the purposes of collective bargaining and that pur-
suant to Section 9 (a) of the Act, the said organization is the exclusive
bargaining representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages., hours of
employment, and other conditions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.