Knox Metal Products, Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1947

74 N.L.R.B. 24 (N.L.R.B. 1947)

In the Matter of KNOX METAL PRODUCTS, INC., EMPLOYER and INTER-
NATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS AND
HELPERS OF AMERICA, AFL, PETITIONER
Case No . 10-R-2573.-Decided June 10, 1947
Messrs. J. A. Hutchinson and John T . Cash, of Waynesboro, Ga.,
for the Employer.
Mr. Cecil S. Massey , of Raleigh , N. C., and Mr. L . A. Sox, of Savan-
nah, Ga., for the Petitioner.
Mr. Edmund J. Flynn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Waynes-
boro, Georgia, on April 11, 1947, before W. G. Stuart Sherman, hearing
officer. The hearing officer's rulings made at the hearing , are free
from prejudicial error and are hereby affirmed. The Employer
moved to dismiss the petition at the hearing. For the reasons appear-
ing hereinafter, the motion is hereby denied.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Knox Metal Products, Inc., a Georgia corporation, is engaged in
the manufacture of auto trailers and farm implements at its plant in
Waynesboro, Georgia. During the 12-month period preceding the
hearing, the Employer purchased raw materials, steel products, and
rubber tires valued in excess of $100,000, of which 90 percent was
shipped to it from points outside the State of Georgia. During the
same period the Employer sold finished products valued in excess of
$250,000, of which 75 percent was shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
74 N. L. R. B, No. 6.
24
KNOX METAL PRODUCTS, INC.
H. THE ORGANIZATION INVOLVED
25
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Em-
ployer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in substantial agreement, and we find, that all
production, maintenance, and construction 1 employees at the Em-
ployer's Waynesboro, Georgia, plant, including machinists, machinist
apprentices, maintenance mechanics, millwrights, steamfitters, trailer
assembly line employees (including welders), sheet metal shop em-
ployees, tow motor and crane operators, paint shop employees (includ-
ing painters and helpers), stockroom employees, laborers, laboratory
employees (including chemists and apprentices) ,2 and construction
carpenters, electricians, welders, laborers and set-up men, but ex-
cluding all office and clerical employees and all supervisory em-
ployees 3 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 meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Employer contends that no election should be directed at this
time because it does not have its anticipated full complement of em-
1 These employees are engaged in construction work on two uncompleted buildings of
the Employer 's plant In view of the fact that there is interchange between construction
and production employees , and inasmuch as the Employer intends to retain some of the
construction employees for production work, the inclusion of these construction employees
in the unit is in accord with Board decisions . See Matter of Textron, Inc , 72 N L. R B.
1422; Matter of Sterling Sugars, Inc., 65 N. L. R B 1118, 1121 , and Matter of Public
Service Company of Colorado, 60 N. L R B. 109, 112-113
' The laboratory employees test the solutions used for chrome plating. This is routine
work for which no previous academic or industrial experience is required. See Matter of
United Chemical & Organic Products Division and Central Chemical Division of Wilson
& Co., Inc, 63 N. L. R. B. 160, 162
1 Including the plant manager, superintendent , foreman, and assistant foremen.
26 DECISION S OF NATIONAL LABOR RELATIONS BOARD
ployees in the unit. The Employer asserts, in this connection, that it
expects to increase the number of its employees from the present total
of about 90 to 400, contingent upon the completion of 2 of its buildings,
the acquisition of machinery and raw materials, and the successful
marketing of several experimental products. The record discloses that
the Employer's plant has been in production since June 1946, that it
has produced over 700 small auto trailers since that time, and that
during the week preceding the hearing it produced 40 pick-up truck
bodies on its assembly line. Thus, despite the fact that construction
of the Employer's main building is not wholly complete, it is apparent
that the Employer is producing for sale at least a limited amount of
its products .4 In view of the fact that the present employee comple-
ment is a representative anti substantial production group, and in view
of the uncertainty of the rate of expansion and of the time when a
full complement will be reached, we shall direct an immediate election
in accordance with our usual policy in these cases.' However, in view
of the possible expansion of the appropriate unit, we shall entertain
n new petition for an investigation and certification of representatives
6 months from the date of any certification Ave may issue in the instant
proceeding, upon proof (1) that the number of employees in the ap-
propriate unit is more than double the number eligible to vote in the
election hereinafter directed; and (2) that the Petitioner represents a
substantial number of employees in the expanded appropriate unit.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Knox Metal Products, Inc.,
Waynesboro, Georgia, an election by secret ballot shall be conducted
ns early as possible, but not later than thirty (30) clays from the date
of this Direction, under the direction and supervision of the Regional
Director for the Tenth Region, acting in this hatter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on
4 Nofing this current production , we find no met it in the Employer ' s additional conten-
tion that the large turnover among its employees makes a piesent election inappropriate
See Matter of Adler Metal Products Corp. 67 N. L. R B 328, 330
i Matter of Textron, Iuc, 72 N L R B. 1422 Matter of International Haroester Com-
pany ( Evansville Works ), 71 N. L . R. B 680 ; Matter of Salisbury Axle Division, Spicer
Manufacturing Corporation, 69 N L. R. B. 658, 661.
KNOX METAL PRODUCTS, INC. 27
vacation or temporarily 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 dis-
charged 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 International Brotherhood of Boilermakers, Iron Ship
Builders and Helpers of America, AFL, for the purposes of collective
bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above-
Decision and Direction of Election.