Blue-Bell, Inc.

National Labor Relations Board - Board Decisions

Sep 28, 1945

63 N.L.R.B. 1261 (N.L.R.B. 1945)

In the Matter of BLUE-BELL, INC. and AMALGAMATED CLOTHING
WORKERS OF AMERICA
Case No. 5-B-1885.-Decided September 28, 1945
Mr. if. S., Blakeney, of Charlotte, N. C., for the Company.
Mr. David M. Schlossberg, of New York City, and Mr. J. Lynn
Lucas, of Luray, Va., for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Amalgamated Clothing
Workers of America, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Blue-Bell , Inc., Greensboro , North Carolina, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Sidney J. Barban,
Trial Examiner. Said hearing was held at Luray, Virginia, on July
10, 1945. The Company and the Union 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Blue-Bell, Inc., a North Carolina corporation, has its main offices
in Greensboro, North Carolina, and New York City. The Company
operates several plants throughout the United States, all of which
manufacture work clothes and military uniforms. The instant pro-
ceeding is concerned only with the Company's plants located at Wood-
63 N. L. R. B., No. 199.
1261
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stock, Mt. Jackson, Luray, Shenandoah, and Elkton, Virginia. From
January 1, 1945, to May 1, 1945, the Company purchased raw mate-
rials, consisting chiefly of denim, cotton piece goods, and thread, for
use at its Virginia plants having a value of over $800,000, of which
more than 95 percent was obtained from points outside the Common-
wealth of Virginia. During the same period, the Company's plants
in Virginia produced finished goods having a sales value in excess
of $1,000,000, of which more than 95 percent was shipped to points
outside the Commonwealth.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 4,1945, the Union requested recognition from the Company
as the collective bargaining representative of all the Company's em-
ployees in its five plants located in Virginia. The Company replied, in
effect , that it would not grant such recognition. The Union filed its
amended petition on May 17, 1945.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Company and the Union are in agreement that all production
and maintenance employees of the Company in its plants at Woodstock,
Mt, Jackson, Luray, Shenandoah, and Elkton, Virginia, including
watchmen 2 and truck drivers, but excluding foremen and supervisors,
constitute an appropriate unit. The parties are in dispute, however,
concerning certain clerical employees, whom the Company would in-
clude in the unit and the Union would exclude therefrom.
1 The Board agent reported that the Union submitted 173 authorisation-for-membership
cards, and that there are 400 employees in the unit alleged to be appropriate . The record
indicates , however, that there are approximately 324 employees in the unit hereinafter
found appropriate.
2 The watchmen , who also perform various production and maintenance duties, are
neither militarized , deputized , nor armed.
BLUE-BELL, INC. 1263
The Company has one employee who is a secretary to the manager
in charge of all the Company's plants in Virginia. In the course of
her duties, she has access to confidential information concerning the
Company's labor relations. In accord with our usual policy of exclud-
ing confidential employees, we shall exclude the secretary from the unit.
There are four employees classified as pay-roll clerks who work
in the Company's central Virginia office at Luray. They operate cal-
culating machines, compute pay-roll data from time records of all
employees in the Virginia plants, and prepare production records. The
Company contends that these clerks should be included in the unit
because they prepare voucher tickets which show how much pay a
worker receives, and which are affixed to bundles of cut garments.
The Company further alleges that the employees would not work unless
such ticket was available. We find no adequate reason in the Com-
pany's contention to depart from our established practice of excluding
office clerical employees from production and maintenance units. Ac-
cordingly, we shall exclude the pay-roll clerks.
We find that all production and maintenance employees of the Com-
pany in its plants at Woodstock, Mt. Jackson, Luray, Shenandoah, and
Elkton, Virginia, including watchmen and truck drivers, but excluding
office clerical employees, secretary to the plant manager, foremen,
supervisors, and all other supervisory employees 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 mean-
ing 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 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
Relations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Blue-Bell, Inc.,
Greensboro, North Carolina, an election by secret ballot shall be
X264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
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, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing' said pay-roll period because they were ill or on vacation or tem-
porarily 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 or not they desire to be represented by
Amalgamated Clothing Workers of America, for the purposes of
collective bargaining.