Rodgers-Wade Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 2, 1946

69 N.L.R.B. 264 (N.L.R.B. 1946)

In the Matter of RODGERS-WADE MANUFACTURING COMPANY and
UNITED FURNITURE WORKERS OF AMERICA, CIO
Case No. 10-R-1684.-Decided July 2, 19/6
Mr. 0. B . Fisher, of Paris, Tex., for the Company.
Mr. W. E. Keeter, of Dallas, Tex., for the CIO.
Mr. Wilburn Middleton, of Houston , Tex., for the A. F. L.
Mr. Robert J. Freehling, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Furniture Workers
,of America, CIO, herein called the CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Rodgers-Wade Manufacturing Company, Paris, Texas,
herein called the Company, the National Labor Relations Board, pro-
vided for an appropriate hearing upon due notice before Joseph C.
Wells, Trial Examiner. The hearing was held at Paris, Texas, on
May 9 and 10, 1946. The Company, the CIO, and Upholsterers' In
ternational Union of North America, A. F. L., herein called the
A. F. L., 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
1. TTIE BUSINESS OF THE COMPANY
Rodgers-Wade Manufacturing Company is a partnership consisting
of Bok Kimball, Mrs . J. F. Reeves , Mrs. Mamie Rodgers Baker, Mrs.
I The A. F L attended only the first day of the hearing Since no request was made
for an adjournment of the hearing, the Trial Examinei proceeded on the second day with
only the Company and the CIO present We note in this connection that the A F L does
not contend that it was prejudiced b^ the action of the Trial Exanunei.
69 N. L. R. B., No. 30.
264
RODGERS-WADE MANUFACTURING COMPANY 265
Virginia Baker Williams, Mrs. W. C. Clark, Helen E. Clark, Texana
Davis, and Antonio Tavia Hernandez. The Company is engaged in
the manufacture and jobbing of furniture at its plant in Paris, Texas.
During the 12 months preceding the hearing, the Company used raw
materials valued in excess of $50,000, of which more than 20 percent
represented shipments from outside the State of Texas. During the
same period, the Company manufactured and distributed finished
products valued in excess of $50,000, of which more than 20 percent
represented shipments to customers outside the State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Furniture Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Upholsterers' International Union of North America, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
IIL THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of any of its employees until the
CIO 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 Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The CIO seeks a plant-wide unit of all production and maintenance
employees of the Company, including watchmen and warehousemen,
but excluding clerical and office employees, truck drivers, and super-
visors. The A. F. L. agrees with the appropriateness of the unit
sought by the CIO. The Company urges, however, that five separate
units are appropriate, consisting of: (1) lumber yard employees; (2)
mill employees (including chair mill employees and watchmen) ; (3)
assembling employees; (4) finishing employees; and (5) upholstering
employees. In addition, it opposes the inclusion of warehousemen in
any unit or units found appropriate by the Board, and would exclude
employees C. P. Norrell and Will Chance on the ground that they are
supervisors.
Scope of unit
There has been no prior history of collective bargaining by the
Company. The Company is engaged principally in the manufacture
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
•of various types of furnii tire . Its entire plant, consisting of a lumber
yard and five buildings , is located within a single fenced enclosure,
except for the warehouse building, which appears to parallel one end
of the enclosure . The plant is divided organizationally into depart-
ments, which include the lumber yard, the mills , and the assembling,
finishing , upholstering , and packing departments . Inasmuch as the
Company's manufacturing operation is a continuous process , an inte-
grated functioning of all departments is required . In this connection,
the record shows that each plant building houses employees of two
or more departments, and that employees are frequently inter-
changed between departments. In addition, the Company's personnel
policy, including the hiring and discharging of employees , is handled
at the plant level; conditions of employment appear to be uniform
throughout the plant ; and close over-all supervision is maintained by
the plant manager. The foregoing facts , therefore , indicate that a
plant-wide unit of the Company is appropriate and we so find.2
Warehousemen
The Company employs two warehousemen who are assigned to the
warehouse building where they handle products received by the Com-
pany in its jobbing operations and load finished products manufac-
tured by the Company. These employees also move merchandise to
the warehouse from the packing department, which is located in an
adjoining building , and occasionally aid in the unloading of raw mate-
rials at other sections of the plant . It is clear that the duties and inter-
ests of the warehousemen are closely identified with those of the other
production and maintenance employees . Accordingly , we shall
include warehousemen in the unit.
C. P. Norrell
C. P. Norrell is employed by the Company as an upholsterer. He
is hourly paid, receiving ' 43 cents an hour, and is engaged almost
entirely in the manual labor involved in upholstering chairs and rock-
ers. Norrell is normally assisted in his work by one other employee
and together they constitute "Upholstering Department No. 2." Nor-
rell is responsible for the instruction of his assistant and has, on infre-
quent occasions , effectively recommended the transfer of an assistant
whom he considered undesirable . It is apparent that Norrell occupies
the position of a skilled mechanic or journeyman , and that his recom-
mendations do not go beyond those customarily made by every skilled
craftsman regarding his less skilled helper. Under well-established
principles of the Board, we are of the opinion that C. P. Norrell is not
2 See Matter of Longhorn Roofing Products, Inc , 67 N L R B 84, and Matter of Thomas-
ton Cotton Mills, Griffin Division, et at., 66 N L. R. B. 731.
RODGERS-WADE MANUFACTURING COMPANY 267
a supervisory employee and we shall , therefore , include him in the
unit as a production employee.3
Will Chance
Will Chance is employed by the Company in the chair assembly
department . In addition to assembling chairs he normally supervises
two of the employees in this department . Chance is hourly paid,
receiving 50 cents an hour, and has effectively recommended the hiring
of his subordinates . We are of the opinion that Will Chance is a
supervisory employee within the Board 's customary definition, and
accordingly, we shall exclude him from the unit as a supervisory
employee.
We find that all production and maintenance employees of the
Company, including watchmen 4 and warehousemen , but excluding
clerical 6 and office employees , 'truck drivers , and all supervisory
employees 6 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.
1'. TILE DETERMIIN 1TION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 and 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
J Matter of Durat Texas 4'alphu) Company, 53 N L R B 1387
° The watchmen are neither armed nor uniformed, nor do they appear to be militarized
or deputized or to exercise monitorial duties.
Included in this category is the shipping clerk This position is presently occupied on
a temporary basis by Bok Kimball, Jr , son of one of the partners. In any event, Bok
Kimball, Jr , is also excludable by reason of his relationship to management Matter of
Casper Louenatein, Inc, 58 N L R B 1531
4 At the second day of the hearing, the CIO and the Company agreed, and we find, that
the following individuals aie supervisory employees within the Boaid's customary defini-
tion and should be excluded from the unit temporary foreman I, C Hester. foremen Tom
Neal E L Ivey, J H. Bobo, J C Lentz, Sam Seas, C E Wright, R D Campbell, Clarence
Knkham and H. Langford
268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rodgers-Wade
Manufacturing Company, Paris, Texas, 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 super-
vision of the Regional Director for the Sixteenth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among employees in the unit found appropriate in Sectil>n
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on
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 discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire
to be represented by United Furniture Workers of America, 010,
or by Upholsterers' International Union of North America, A. F. L.,
for the purposes of collective bargaining, or by neither.