Fickett-Brown Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 34 (N.L.R.B. 1943)

In the Matter of FICKETT-BROWN MANUFACTURING COMPANY and
TEXTILE WORKERS UNION OF AMERICA AFFILIATED WITH THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-5492.-Decided July 3, 1943
Messrs. Ralph H. Pharr and Ralph Williams, both of Atlanta,
Ga., for the Company.
Messrs. R. C. Thomann and C. H. Gillman, both of Atlanta, Ga., for
the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon amended 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
had arisen concerning the representation of employees of Fickett-
Brown Manufacturing Company, Atlanta, Georgia, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Paul S. Kuelthau, Trial
Examiner. Said hearing was held at Atlanta, Georgia, on June 2,
1943. The Company and the Union appeared, participated, and 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 prejudi-
cial error and are hereby affirmed. The Company's motion to quash
the notice of hearing is denied for 'reasons hereinafter stated. All
parties were ,afforded the opportunity of filing 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
Fickett-Brown Manufacturing Company, a Georgia corporation,
has its principal place of business in Atlanta, Georgia, where it
51N.L.R.B.,No.9.
FICKETr-BROWN MANUFACTURING COMPANY -35,
operates two plants, the only ones involved in this proceeding. and is
engaged in the manufacture of mops, brooms, mop yarn, and mop
sticks. During the year 1942, the Company purchased for use at its
Atlanta plants substantial amounts of cotton waste, broom corn, and
other raw materials, 28 percent of which was obtained from points
outside the State of Georgia. During the same period the Company
manufactured at its Atlanta plants finished products in substantial
quantities, of which 50 percent was shipped to points outside the
State of Georgia. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union contends that the appropriate unit should consist of all
production and maintenance employees at the Company's Mayson and
Turner Avenue plant in Atlanta, excluding supervisory, clerical and
office employees, watchmen, and all employees working at the Com-
pany's second plant located on DeKalb Avenue. Although the Com-
pany is in agreement with the classifications of employees sought to
be included and excluded by the Union, it urges that the employees of
the DeKalb Avenue plant should be included within the appropriate
unit.
The business of the Company was formerly conducted under one roof
but was divided into two separate plants due to necessary expansion
and lack of space at the original location. Of the two plants, which
are separated by a distance of approximately 5 miles, the plant located
on DeKalb Avenue is the smaller and was recently acquired by the
Company to take care of overflow orders which the original plant did
not have the capacity to fill. The Company carries on certain identical
manufacturing at each of its two plants, the raw materials for which
are obtained from a common source and shipped to the larger plant
for subsequent division with the smaller plant upon the basis of their
respective needs. Though the larger plant has the facilities for the
complete manufacture of mops, the smaller plant does not produce
mop handles but obtains its supply thereof from the larger plant. Ar-
ticles finished at the smaller plant are sent to the larger plant for ship-
ment and sale under a common trade name together with the products
of the larger plant.
540612-44-vol 51--4
36 - DECISION'S OF NATIONAL LABOR RELATIONS BOARD
While the smaller plant has an overseer or foreman who is in charge
during the absence of the general superintendent, the latter has juris-
diction over both plants, at each of which he spends a certain portion
of his time. The Company maintains for both plants a single pay
roll, office, and bookkeeping department located at the larger plant.
In the Matter of TAYLOR FORGE & RIPE WORKS and TAYLOR FORGE
same wage scale, observe the same hours of work, and enjoy the same
working conditions. Both plants use the same type of machinery re-
quiring the same amount of skill. Although employees are not fre-
quently interchanged between plants, employees are transferred tem-
porarily when needed at one plant or the other.
The Union bases its request for a single plant unit entirely upon the
extent of union organization. While there is no evidence that union
membership has actually extended beyond the original plant of the
Company, the union organizer admitted that on at least one occasion
he visited the smaller plant and talked to the employees about joining
the Union.
Because of the similarity of operations and employee functions at
the DeKalb Avenue plant to those at the other plant, the interdepend-
ence of both plants as to personnel and management, and the fact that
the Union has admittedly sought to organize the employees of this
plant as part of its campaign to organize generally the employees of
the Company, we find that the unit requested by the Union is inappro-
priate for the purposes of collective bargaining.' In view of this find-
ing, the Company's motion to quash the notice of hearing is denied
since it raises issues immaterial in the present decision.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since the bargaining unit sought to be established by the petition is
inappropriate, as stated in Section III, above, we find that no question
has arisen concerning the representation of employees of the Company
in an appropriate bargaining unit.
ORDER
Upon the basis of the above findings of fact, and the entire record
in the case, the Board hereby orders that the petition for investigation
and certification of representatives of employees of Fickett-Brown
Manufacturing Company, Atlanta, Georgia, filed by Textile Workers
Union, of America, affiliated with the Congress of Industrial Organiza-
tions, be, and it hereby is, dismissed.
1 See Matter of Sears Roebuck and Co., 35 N L. R. B. 1036; Matter of Bakewell Manu-
facturing Co., 48 N. L. It. B. 916.