Florence Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Nov 21, 1950

92 N.L.R.B. 185 (N.L.R.B. 1950)

In the Matter of FLORENCE MANUFACTURING COMPANY, INC., EMPLOYER
and INTERNATIONAL LADIES' GARMENT WORKERS OF AMERICA, AFL,
PETITIONER
Case No. 10-RC-1038.Decided November 01, 1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John C. Carey, Jr.,
hearing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds and Murdock.]
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain
employees 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 Petitioner seeks a unit of all production employees in the
Employer's Florence, South Carolina, and Marion, South Carolina,
textile manufacturing plants, excluding maintenance employees,
1 The Employer , relying on N. L. R. B. V. Postern Cotton Mills , Inc., 181 F. 2d 919
(C. A. 5), and N. L . R. B. v. Highland Park Manufacturing Company, 184 F. 2d 98 (C. A. 1),
September 2, 1950 , contends that the petition should be dismissed for the reason that the
Petitioner failed to produce any proof that the officers , both of the affiliate and the national
or international labor organizations of which it is a constituent and subordinate unit,
have complied with Section 9 (It) of the Act . For the reason stated in J. H. Rutter-Rex
Manufacturing Co., Inc ., 90 NLRB 130 , this contention is rejected . See also West Texas
Utilities Company, Inc., 184 F . 2d 233 (C. A. D. C.) ^ July, 10, 1950 . It may be added that
the Board ' s records show that the AFL was in compliance with the filing requirements of the
Act at the time the petition herein was filed and is also currently in compliance . Moreover,
we have repeatedly held that compliance is a matter for administrative determination,
and is not litigable at the hearing . Muntz Television, Inc., 92 NLRB 29.
The Employer 's motion to dismiss the petition on the ground that the Petitioner has.
failed to prove its 'showing' of interest in ' this caseis likewise denied, for the reason that
this showing of interest is an administrative matter not - litigable by the partes : Radio,
Industries, Inc., 91 NLRB No. 124 ;' moreover , we are satisfied that the Petitioner hap;_
made a sufficient showing of interest to warrant the Direction of Election herein.
92 NLRB No. 43.
1f5.
186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
guards and watchmen, professional. employees, office and clerical
employees, and supervisors as defined in the Act. In the alternative,
the Petitioner would accept the maintenance employees in the unit-if
the Board should decide they should be included therein.
The Petitioner advances as reason for the exclusion of maintenance
employees the fact that it customarily bargains only for production
employees. The Petitioner further asserts : (1) that it does not bar-
gain for maintenance employees in the two South Carolina garment
plants 2 where it presently has contracts; and (2) that the inclusion of
maintenance employees is not consistent with its organization. How-
ever, we note that the same Petitioner has recently sought, and the
Board has directed, elections in the textile industry for production
and maintenance units with respect to several employers other than
those relied upon by the Petitioner.-' Furthermore, eve have generally
held that a union's jurisdictional limitation concerning certain classi-
fications of employees in no way restricts the Board in its determina-
tion of the appropriateness of a bargaining unit.4 This is so parti-
cularly where, as here, no other union seeks to represent the main-
tenance employees, there is no history of collective bargaining, and
the Petitioner has advanced no cogent reason which, in our opinion,
would justify the exclusion of maintenance employees from the plant-
wide unit. Accordingly, in recognition of the normal community of
interest between production and maintenance workers and in the
absence of any bargaining history,,' we shall, in conformity with Board
policy," include the maintenance employees in the unit hereinafter
found appropriate.'
There remains for consideration the question of including watch-
men in the unit. There are three unarmed watchmen at the Florence
plant and none at the Marion plant. They are on duty only at night
and on week ends. Their watching duties consist of inspecting the
plant and punching the watchmen's clocks every hour. About 80 per-
cent of their time is spent in keeping the building clean and baling
rags. The other 20 percent of their time is spent in performing watch-
8 The Hartsville Manufacturing Company, Hartsville, South Carolina, and Southern
Maid Garment Co., Winnsboro, South Carolina.
z See Perfection Garment Company, 91 NLRB 142.1; Denton Sleeping Garment Mills,
Inc., 91 NLRB No. 145; Newport News Children's Dress Company, 89 NLRB 442.
4 See Mutual Rough Hat Company, 86 NLRB 440.
5 Cf. Steel Ceilings, Inc., 90 NLRB No. 34.
.Southland Manufacturing Company, 91 NLRB No. 38; Shelburne Shirt Co., Inc., 86
NLRB 1308.
7 While such unit is more comprehensive than that sought by the Petitioner, the Peti-
tioner has an adequate showing of interest in the larger,unit. If, however, the Petitioner
does not desire to participate in an election at this time in the unit found appropriate,
we shall permit it to withdraw its petition upon notice. to the Regional Director, within
5 days from issuance of the Direction, and shall thereupon vacate the Direction of Elec-
tion. Harass Hosiery Co., Inc., 91 NLRB 330.
FLORENCE MANUFACTURING COMPANY, INC. 187
ing duties. As the watchmen spend less than' 50 percent of their time
performing guard duties, we find they are not guards and we shall
therefore include them in the unit."
We find that all production and maintenance employees at the
Employer's Florence and Marion, South Carolina, plants, including
watchmen, but excluding guards, professional employees, office and
clerical employees, the head mechanic, and all other supervisors as
defined in the Act, constitute a unit appropriate for. purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
5 Denton Sleeping Garment Milla, Inc., 91 NLRB No. 145.