Block Brothers

National Labor Relations Board - Board Decisions

Nov 10, 1948

80 N.L.R.B. 257 (N.L.R.B. 1948)

In the Matter of GEORGE BLOCK, AN INDIVIDUAL, D/B/A BLOCK BROTH-
ERS, EMPLOYER and LOCAL #396, UNITED GAS, COKE AND CHEMICAL
WORKERS OF AMERICA, CIO,' PETITIONER
Case No. 10-RC-273.Decided November 10, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing officer
of the National Labor Relations Board. The hearing officer's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization named below claims to represent 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 appropriate unit :
The Petitioner seeks a unit composed of all the Employer's produc-
tion and maintenance employees excluding office and clerical employees,
supervisors, guards, and professional employees. The Employer op-
poses the establishment of a single unit for its employees and contends
that there should be two units, one to include the employees in the food
processing department, and the other to include all other employees.
The employer's operations are carried on in the following two
departments : food processing and hides and wool. The food proc-
essing department processes nut meats while the hides and wool depart-
1 The name of the Petitioner was corrected at the hearing.
* Houston, Reynolds , and Murdock.
80 N. L. It. B., No. 50.
257
258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
went processes hides and wool. In charge of the departments are fore-
men who are answerable to the plant superintendent. Although the
employees in each department handle different products, none of them
possesses any special skills. The employees in the food processing
department pick foreign matter from nut meats which are piped to
them from a nut shelling machine. The employees in the hides and
wool department cure hides and grade wool. All the Employer's em-
ployees are carried on the same pay roll, work similar hours, and are
paid on an hourly basis.2 In view of these circumstances and the entire
record in the case, we are of the opinion that the only appropriate unit
for the Employer's employees in one that is plant-wide in scope.3
We find that all production and maintenance employees of the
Employer, excluding office and clerical employees, all temporary
employees, guards, professional employees, foremen, forelady, and all
other supervisors as defined in the Act, as amended, constitute a unit
appropriate for the purpose of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with George Block, an individual
d/b/a Block Brothers , Nashville, Tennessee , an election by secret
ballot shall be conducted as early as possible , but not later than 30 days
from the date of this Direction , under the direction and supervision of
the Regional Director for the Tenth Region, and subject to Sections
203.61 and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, as amended , among the employees in the unit found
appropriate in paragraph numbered 4, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election , including employees who did not work during
said pay -roll period because they were ill or on vacation or temporarily
laid off, 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 , and also excluding employees on strike who
are not entitled to reinstatement , to determine whether or not they
desire to be represented , for purposes of collective bargaining, by
Local #396, United Gas, Coke and Chemical Workers of America,
CIO.
2 The employees in the food processing department receive an incentive bonus in addition
to their hourly rate of pay
"Matter of Greenville Cotton Oil Company, 78 N . L R. B. 1175.