Schottland, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 1946

65 N.L.R.B. 851 (N.L.R.B. 1946)

In the Matter of A. SCHOTTLAND, INC. and TEXTILE WORKERS UNION
OF AMERICA, CIO
Case No. 5--R-2007.-Decided February 6, 1946
Messrs. I. D. Thorp and W. L. Thorp, of Rocky Mount, N. C., for
the Company.
Mr. Toby E. Mendes, of Rocky Mount, N. C., for the Union.
Mr. Charles G. Kessler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees, of A.
Schottland, Inc., Rocky Mount, North Carolina, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Rocky Mount, North Carolina,
on October 22, 1945. The Company and the Union appeared and par-
ticipated. 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 an 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
A. Schottland, Inc., is a New Jersey corporation with its principal
plant located at Rocky Mount, North Carolina, where it is engaged
in the manufacture and sale of acetate and rayon fabrics. During
the 12 months preceding the hearing, the Company purchased raw
materials consisting of acetate and rayon yarns, valued at approxi-
mately $250,000, all of which was shipped to it from points outside
65 N. L. R. B., No. 151. 851
852 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the State of North Carolina. During the same period the Company
manufactured finished products valued at approximately $400,000,
100 percent of which was sold and shipped to points outside the State
of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
collective bargaining representative of any of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate'
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.
I
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees, including watchmen, the truck driver, learners, floorladies,
and the part-time employee, Annie Lamm, but excluding office and
clerical employees, part-time employee Susan Worrell, the foreman,
and all other supervisory employees. The Company is in general
accord with the unit as sought by the petitioner. However, it would
include office clerical employees and the part-time employee, Susan
Worrell, in the appropriate unit.
Office clerical employees
The Company employs two office clerical employees; one of them
spends three-fourths of her time working in the office preparing re-
ports, invoicing goods for shipment, preparing production cards and
transcribing records; the other spends all her time as cashier, stenog-
rapher, preparing pay rolls and handling pay-roll deductions, such as
withholding tax, social security, and unemployment compensation.
'The Field Examiner reported that the Union submitted 40 membership cards, and
that there are approximately 85 employees in the appropriate unit.
A. SCHOTTLAND, INC. 853
It is apparent that these office clerical employees are engaged in work
dissimilar from that of the production and maintenance employees,
and have different interests and working conditions. We have con-
sistently held under similar circumstances that office clerical employ-
ees do not properly belong in a unit with the regular production and
maintenance employees. Accordingly, we shall exclude the office
clerical employees.2
Part-time employees
The Company has two employees in this category, Annie Lamm
and Susan Worrell. The parties agree to include Lamm who is a
regular part-time employee but are in disagreement as to Worrell,
the Company desiring to include her. Unlike Lamm, Worrell is not
a regular part-time employee. She has an agreement with the Com-
pany that her earnings will not exceed $14.99 a week so as not to
conflict with her weekly drawing of social security benefits. In
addition, she is not required to work when such work would conflict
with her domestic ditties. As a result she neither works any specific
shift nor any particular number of hours each week. In this con-
nection, the record shows that during the period from June 16 to
October 20, 1945, she worked, in all, 583/4 hours and then only at
times convenient to hersel f. Under all the circumstances we are
satisfied that Worrell is a casual employee, whose interest in the
conditions of employment is insubstantial.3 Accordingly, we shall in-
clude only the regular part-time employee in the unit.
We find that all production and maintenance employees of the
Company, including the watchman, the truck driver, learners, and
floorladies,4 and the regular part-time employee,' but excluding of-
fice clerical employees, the foreman, 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 unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit, who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
2 See Matter of E. I (la Pont de Nemours & Co, Inc, Rayon Division, 62 N. L . R. B. 146
See Matter of John Oster Manufacturing Co., 60 N L. R B. 805.
4 The parties agree that the floorladies are not supervisory employees within the Board's
customary definition of that term
Annie Lamm
854 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. Schottland,
Inc., Rocky Mount, North Carolina, 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 supervision
of the Regional- Director for the Fifth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 or not they desire to be repre-
sented by Textile Workers Union of America, CIO, for the purposes
of collective bargaining.