Price Spindle & Flyer Co.

National Labor Relations Board - Board Decisions

May 3, 1946

67 N.L.R.B. 1131 (N.L.R.B. 1946)

In the Matter Of JOHN PRICE, SR . AND JOHN PRICE , JR., A PARTNERSHIP,
D/B/A PRICE SPINDLE & FLYER COMPANY and TEXTILE WORKERS
UNION OF AMERICA, C. I. O.
Case No. 10-R-1735.-Decided May 3, 1946
Mr. Rufus M. Ward, of Spartanburg, S. C., for the Company.
Mr. Paid E. Robinson, of Spartanburg, S. C., for the Union.
Mr. Seymour Cohen, of counsel to the Board.
DECISION
AND
DIRECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
John Price, Sr. and John Price, Jr., a Partnersllip, d/b/a Price
Spindle & Flyer Company, Spartanburg, South Carolina, herein called
the Company, the National Labor Relations Board on March 6, 1946,
conducted a prehearing election pursuant to Article III, Section 3,
of National Labor Relations Board Rules and Regulations,, among
employees of the Company in the alleged appropriate unit, to deter-
mine whether or not they desired to be represented by the Union for
the purposes of collective bargaining.
At the close of the election, a Tally of Ballots was furnished the
parties. The Tally shows there were approximately 16 eligible voters,
all of whom cast valid ballots. Of these, 8 were for the Union, 7 were
against the Union, and 1 was challenged.
Thereafter, pursuant to Article III, Section 10, of the Rules and
Regulations,2 the Board provided for an appropriate hearing upon
due notice before Thomas T. Purdom, Trial Examiner. The hearing
was held at Spartanburg, South Carolina, on March 21, 1946. The
I By amendment of November 27, 1945, this Section of the Rules now permits the conduct
of a secret ballot of employees prior to hearing in cases which present no substantial issues.
2 As amended November 27, 1945, this Section provides that where the initial bearing is
held after the election , all issues , including issues with respect to the conduct of the elec-
tion or conduct affecting the election results and issues raised by challenged ballots, shall
be heard at such hearing
67 N. L . R. B., No. 146.
1131
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company and the Union appeared and participated. All parties 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 prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.'
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Price Spindle & Flyer Company, a partnership consisting of John
Price, Sr. and John Price, Jr., is engaged in the repair and recondition-
ing of certain textile machinery parts such as flyers, spindles, and
rollers, and in the manufacture and sale of flyer pressers at its plant in
Spartanburg, South Carolina. During the year ending February 28,
1946, the Company purchased materials, used in carrying on its opera-
tions, valued at approximately $8,000, of which approximately 5 per-
cent was shipped to its plant from points outside the State of South
Carolina. During the same period, the Company carried on repair,
reconditioning, and manufacturing operations valued at approxi-
mately $40,000, of which approximately 7 pereent related to goods
shipped to points outside the State of South Carolina. The products
handled by the Company are used exclusively by textile mills in the
manufacture of textile products, a substantial amount of which is
shipped in interstate commerce.
The Company does not dispute the fact, and we find, that it is en-
gaged in commerce 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 QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees in the alleged
appropriate unit.
3 The Company in its brief contends the petition should be dismissed on the ground that
the Union is not authorized by its constitution to represent the employees here concerned.
We find no merit in this contention There is undisputed evidence in the record that the
Union admits to membership employees of the Company Moreover , even if the Union did
not admit them to membership , it would not be material , since there is no showing that
the Union will not accord adequate representation to the employees in the unit . Matter of
Platzer Boat Works, 59 N. L. It. B 292.
PRICE SPINDLE & FLYER COMPANY 1133
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 Union seeks a unit of all production and maintenance employees
of the Company, excluding clerical, office, and supervisory employees .4
The Company is in substantial agreement therewith, its contention as
to the employee whose ballot has been challenged by the Union being
a matter of eligibility which will be treated hereinafter.
It appears there are two so-called "outside salesmen" performing
services for the Company, though it is not clear whether they are
employees of the Company or are acting as independent jobbers. It
also appears to have been the intention of both parties that they be
excluded from the unit. Under the foregoing circumstances, we shall
exclude them.
Accordingly, we filed that all production and maintenance employees
of the Company at its Spartanburg, South Carolina, plant, excluding
outside salesmen, clerical and office employees, and all supervisory
employees 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. TIIE DETERMINATION OF REPRESENTATIVES
The only question raised at the hearing 5 relates to the eligibility to
participate in the election of James H. Riddle, whose ballot was
challenged by the Union on the ground that he was a clerical employee.
Although there is considerable variance in the testimony, the record
clearly established that Riddle spends by far the greater part of his
time in the shop in production work or the handling of goods that
are the subject of production. In an average 10-hour day, lie spends
about one-half hour in the office entering net hours worked on employee
time cards, which is the only office work that lie does, and 1 to 2 hours
in driving the delivery truck. Probably one-half of his working hours
are spent in various production operations, and, apart from his
4 The election was held among employees in this unit.
5 In his cross -examination of the last of eight witnesses , the Union 's representative
attempted to elicit testimony to the effect that one of the Company ' s employees who had
voted in the election without challenge was possessed of supervisory authority By its
failure to challenge the ballot at the time of the election, however , the Union waived its
right to object to the election results on the ground that the voter , admittedly an em-
ployee, Nxas not within the unit agreed upon . See Matter of Owens -Corning Fiberglas
Corp, 61 N. L. R. B. 546 ; Matter of American Granite Finishing Company, 28 N L R B.
739
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
office and truck-driving activities, virtually all the rest of his working
time is spent in packing goods for shipment, making out shipping tags,
and loadng the goods on the trucks Other production workers in
the shop also help in the packing and loading tasks. Moreover, all
production and packing operations are carried on in one large room,
and all the employees, including Riddle, are hourly paid and work
under the same conditions. It is clear that Riddle's interests lie with
those of the production and maintenance workers, and we believe that
he was eligible to participate in the election as a member of the pro-
duction and maintenance unit. Accordingly, we shall overrule the
Union's challenge to his ballot, and shall direct the Regional Director
to open and count the challenged ballot.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Price Spindle
& Flyer Company, Spartanburg, South Carolina, the Regional Direc-
tor for the Tenth Region shall, pursuant to said Rules and Regula-
tions, within ten (10) days from the date of this Direction, open and
count the challenged ballot of James H. Riddle, and shall then
prepare and cause to be served upon the parties a Supplemental Tally
of Ballots, including therein the count of the challenged ballot.
° On being challenged , Riddle made the following statement to the Board agent : "I am
a truck driver part of the time hauling freight to the express office. I add up hours on
time cards I work on lathe and slotting machines . I spend three fourths of my time
working on machines producing goods. I spend one fourth of my time doing clerical and
truck driving . Mrs. Price does work in the office."