76 N.L.R.B. 42 (N.L.R.B. 1948)

Sledge Manufacturing,Co.

National Labor Relations Board - Board DecisionsFeb 9, 1948

76 N.L.R.B. 42 (N.L.R.B. 1948)

In the Matter Of MOORE GROCERY COMPANY D/B/A SLEDGE MANUFAC- TURING COMPANY,' EMPLOYER and AMALGAMATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER Case No. 16-R-2365.-Decided February 9, 194,8 Messrs. Michael J. Harvey, R. T. Moore, Frank Milstead and Roy Butler, all of Tyler, Tex., and Malone, Lipscomb C Seay, by Mr. Ralph W. Malone, of Dallas, Tex., for the Employer. Mr. George Lambert and Miss Jean Williams, of Dallas, Tex., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing in this case was held at Tyler, Texas, on December 2, 1947, before Charles Y. Latimer, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial 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-man panel consisting of the undersigned Board Members.* Upon the entire record in the case, the Board makes the following : FINDINGS or FACT 1. THE BUSINESS OF THE EMPLOYER Moore Grocery Company, d/b/a Sledge Manufacturing Company, a Texas corporation with its principal office and only plant located in Tyler, Texas, is engaged in the manufacture of men's and boys' work clothing. In the 6-month period ending June 30, 1947, the Employer purchased raw materials, such as cotton fabrics, thread, buttons, etc., of a value in excess of $690,000. Approximately 85 percent of the purchases came from points outside the State of Texas. During the same period the total sales of finished products approximated $890,000, about 25 percent of which was shipped to points outside the State. i The name of the Employer appears in the caption as amended at the hearing. *Houston, Murdock, and Gray. 76 N. L. R. B., No. 6. 42 SLEDGE MANUFACTURING COMPANY 43 The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. Jr. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 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 exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all production and maintenance employees, including the shipping department employees, line men and janitors, but excluding office and clerical employees, timekeepers, ticket stampers, plant engineers, out- side salesmen, watchmen, floorladies, foremen, and all other super- visory employees, as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Moore Grocery Company, d/b/ Sledge Manufacturing Company, Tyler, 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 supervision of the Regional Director for the Sixteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, 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, and also excluding employees on strike who are not entitled 44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to reinstatement, to determine whether or not they desire to be repre- sented by Amalgamated Clothing Workers of America, CIO, for the purposes of collective bargaining.