Burlington Dyeing and Finishing Co., Inc.

National Labor Relations Board - Board Decisions

Sep 1, 1942

43 N.L.R.B. 882 (N.L.R.B. 1942)

In the Matter of BURLINGTON DYEING AND FINISHING COMPANY, INC.
and TExTILE WORKERS UNION OF AMERICA , AFFILIATED WITH THE
CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-4153.-Decided September 1,, 19.42
Jurisdiction :-fabric dyeing and finishing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, including stockroom or drugroom clerks,
and coal rollers and firemen classified as Watchmen, but excluding supervisory
employees, the general superintendent, plant superintendent, office manager,
department supervisors, shift foremen or floormen, boiler- supervisors, clerks,
and commissary employees
Mr. D. E. Hudgins, of Greensboro, N. C., for the Company.
Mr. E.. H. 117itt and Mr. Joel Leighton, of Greensboro, N. C., for
the Union.
,Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by- Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce has arisen
concerning the representation of employees of Burlington Dyeing
and Finishing Company, Inc., Greensboro, North Carolina, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Albert P. Wheatley,
Trial Examiner. The Company and the Union appeared, partici-
pated, and Were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the'close of the hearing the Company filed a motion to
dismiss the proceeding on the grounds that no substantial evidence
of probative value had been offered or introduced upon which a valid
finding may be made that a question affecting commerce had arisen
43 N. L R B, No. 148.
882
BURLINGTON DYEING AND FINISHING COMPANY, INC. 883
concerning the employees of the "G" plant of the Company, and
because there is no basis upon which an order may be entered with
respect to the possible selection or designation of representatives for
the purposes of collective bargaining. The Trial Examiner reserved
his ruling. The Companys motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes ,he following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Burlington Dyeing and Finishing Company, Inc., organized under
the laws of the State of North Carolina, operates plants at Burlington
and Greensboro, North Carolina. The Company also maintains an
office in New York City.
The Company is engaged •in the business of dyeing and finishing
acetate, rayon, and silk fabric. The materials which the Company
dyes and finishes are owned by its customers, who ship such materials
to the Company's plants. Most of the Company's customers are in the
State of New York. The volume of the Company's annual business
exceeds $300,000. Approximately 90 percent of the materials proc-
essed by the Company is shipped from its plants to points outside the
State of North Carolina.
The principal raw materials used by the Company in its operations
are water, chemicals, dyestuffs, paper, and salt. All the water used
by the Company is secured locally. Of the other raw materials used,
approximately 65 percent of the chemicals, 50 percent of the paper,
'5 percent of the dyestuffs, and 85 percent of the salt are shipped to the
Company from sources outside the State of North Carolina.
The Company's "G" plant, located in Greensboro, North Carolina,
'is the only "plant involved in this -proceeding. In excess of $2,500
worth of the above-named raw materials is used weekly by the Com-
pany at its "G" plant.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
a
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated and agreed. between the parties that, prior to July
14, 1942, the Union requested that the Company recognize it as the
.884 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exclusive bargaining agent for the production and maintenance em-
ployees at the Company's "G" plant. The Company refused to recog-
nize the Union unless and until the Union had been certified by the-
Board.
A statement of the Acting Regional Director introduced into evi-
dence shows that the Union represents a substantial number of the
employees in the unit hereinafter found to be 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 parties stipulated and agreed that all production and mainte-
nance employees of the Company at, its "G" plant, excluding super-
visory employees, constitute an appropriate unit. The parties fur-
ther agreed that stockroom or drugroom clerks should be included
within the unit, and that all the following should be excluded, namely:
general superintendent, plant' superintendent, office manager, 'depart-
ment 'supervisors, shift foremen or floormen, clerks, and boiler
supervisor. During the hearing, and after evidence had been received,
the parties further agreed that'seven employees of the Company, .who
are classified as watchmen, should be included within the unit. These
seven employees serve mainly as coal rollers, who roll the coal from
the coal pile to the front of the furnaces, remove ashes from the
furnaces, and clean the boiler room, and as firemen, who look after
the boilers and who charge and take care of the water softener.
The only controversy with respect to the unit concerns commissary
employees: The Company contends that the commissary employees
are maintenance men and' therefore should be included in the unit.
-The Union urges that these employees be excluded from the unit.
The commissary is located near the entrance to the plant. The com-
pany employs two commissary clerks who serve simultaneously as
commissary employees and as watchmen, who watch the gate in order
to see that only'employees and other people who have permission enter
the gate. These employees spend most of their time in the commis-
sary, although they make rounds of the plant in order to sell soft
drinks to the other employees. The Company maintains separate
books and records for its commissary. The commissary clerks are
paid mostly from the commissary account and partly from the regular.
pay-roll account. Since their functions and working conditions are
The Acting Regional Director reported that the Union presented 104 authorization
cards, which w ere all dated within the, months of June and July 1942 ; that, all of the
cards appeared to bear genuine original signatures ; that 89 of the signatures were the
names of persons who apppeaied on the pay-roll list submitted by-the Company for the
period ending July 18, 1942 . The Company employs approximately 160 employees within
the unit hereinafter found appropriate
BURLINGTON DYEING AND FINISHING COMPANY,, INC. 885
distinct from those of production , and maintenance employees, we
shall exclude the commissary employees from the unit.
We find that all production and maintenance employees of the Com-
pany at its "G" plant , including stockroom or drugroom clerks and
coal rollers and firemen who are classified as watchmen, but excluding
supervisory employees , the general superintendent , plant superintend-
ent, office manager, department supervisors , shift foremen or floor-
men, boiler supervisors , clerks, and commissary 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
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 arid 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 Rela-
tions Act, and pursuant to Article III, Section 8, 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 -Burlington Dyeing
.and Finishing Company, Inc., Greensboro, 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 supervision of the Regional Director for the Fifth Re-
gion, acting in,this matter as agent for the National Labor Relations
Board and subject to Article III; Section 9, of said Rules and Regula-
tions , 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 of Election, including employees
who ;did not work during such pay-roll period because they were ill or
,on vacation or in the active military -service or training of the United
States, or temporarily laid off, but excluding employees who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by Textile 'Workers Union of America, affili-
ated with the Congress of Industrial Organizations, for the purposes
.of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.