Boaz Mills, Inc.

National Labor Relations Board - Board Decisions

Aug 18, 1948

78 N.L.R.B. 1086 (N.L.R.B. 1948)

In the Matter of BOAZ MILLS , INC., EMPLOYER and TExTILE WORKERS
UNION OF AMERICA, C. 1. 0., PETITIONER
Case No. 10-RC-030.-Decided August 18, 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, which operates a yarn mill, is engaged in com-
merce within the meaning of the National Labor Relations Act.
2. The labor organization named below claims to represent
employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9L (c) (1) and Section 2 (6) and (7) of the Act.
- 4. The Employer and the Union agree that all the Employer's em-
ployees employed at Boaz, Alabama, excluding office and clerical em-
ployees, guards, watchmen who spend more than 50 percent of their
time as such,-professional employees, and supervisors as defined in
the Act, constitute the appropriate unit. However, the Petitioner
seeks to exclude from the appropriate unit the fixers, card grinder,
shipping clerk, packer, and a janitor upon various grounds hereinafter
discussed.
Fixers: These employees are mechanics who are responsible for
the maintenance and repair of the Employer's machinery. They are
hourly paid and their conditions of employment are the same as those
'Chairman Herzog and Members Houston and Reynolds.
78 N. L. R. B., No. 153.
1086
BOAZ MILLS, INC. 1087
of the other production and maintenance employees in the plant. The
Petitioner would exclude them upon the ground that they are super-
visors. Although the record shows that they may assign employees
to certain machines and authorize them to work overtime, whenever
necessary, the exercise of such authority is of a routine character not
involving the use of independent judgment. Moreover, it is clear
that they have no authority to hire, discharge, or discipline any of
the-employees working with them nor can they effectively recommend
such action. In view of the fact that the interests of the fixers are.
closely allied with those of the production and maintenance em-
ployees, and as they are not supervisors as defined in the Act, we
shall include them in the unit hereinafter found appropriate.'
Card Grinder: The Employer has one card grinder assigned to the
cardroom who is engaged solely in production work. Like the other
production and maintenance employees, he is hourly paid and works
under the same conditions of employment as the others. In view of
the foregoing, we find no reason to exclude the card grinder from the
appropriate unit. ,
Shipping clerk and packer: The Employer has one shipping clerk
and one packer who work in the warehouse, which is adjacent to the
Company's production plant. These two employees are engaged in
packing and shipping the products manufactured by the Employer.
Their work is predominantly physical in character. Like the produc-
tion and maintenance employees they are hourly paid, and they enjoy
the same conditions of employment. Accordingly, we shall include
the shipping clerk and the packer in the unit hereinafter found
appropriate.2
Janitor: This employee sweeps the floor area, cleans the offices and
rest rooms, runs errands, and performs generally the customary duties
of such position. In view of the foregoing, we find the janitor to be
a maintenance employee and we shall include him in the unit 3
We find that all production and maintenance employees employed
in the Employer's Boaz, Alabama, plant, including fixers, the card
grinder, the shipping clerk, the packer, and the janitor, but excluding
office and clerical employees, guards, and watchmen who spend more
than 50 percent of their time as such, professional employees, and
supervisors as defined in the Act, constitute a unit appropriate for pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
See Matter of Gastonia Combed Yarn Corporation , 73 N. L. R. B. 169.
s See Matter of Nattional Mattress Company, 73 N. L . R. B 185.
8 See Matter of Arrow Armature Company, 74 N. L . R. B. 396.
1088 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
5. Determination of representatives :
On May 13, 1948, approximately 75 employees of the Employer
went out on strike. Following the start of the strike, the Employer
reduced its operation to 2 shifts for 5 days a week, and hired 15 to 20
new employees. The Employer also reinstated approximately 8 strik-
ers upon application. The record shows that there are no vacancies
in the Employer's plant at this time. The Petitioner contends that
the strikers should be permitted to vote, whereas the employer urges
that the strikers have been permanently replaced and all other posi-
tions which were open prior to the strike have been permanently dis-
continued for economic reasons. In view of the foregoing, and in ac-
cordance with our past policy, we shall deem all persons hired since
May 13, 1948, the date of the strike, and all strikers presumptively
eligible to vote, subject to challenge .4
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees 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 vaca-
tion 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 deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by Textile Workers Union of America, C. I. O.
Matter of The Pipe Machinery Company , 76 N. L . R. B. 247; Matter of H. 0 . Canfield
Company, 76 N. L. R. B. 606.