Southeastern Galvanizing Corp.

National Labor Relations Board - Board Decisions

Apr 26, 1960

127 N.L.R.B. 415 (N.L.R.B. 1960)

SOUTHEASTERN GALVANIZING CORPORATION, ETC . 415
the welders there is a night subforeman and two test tank operators in
Employer's department 4. The parties have stipulated that the night
subforeman is not a supervisor. The test tank operators test the high
pressure tanks after they return from welding repair work which is
farmed out.
The record shows that on occasions hand 'elders are sent to do
welding in other parts of the plant but that they spend most of their
time in department 4. The testimony is to the effect that all of the men
in the Employer's department 4 have to be highly skilled and that
they are under common supervision with the employees of the grind-
ing, dip tank operators, and paint shop departments. Hand welders
on occasions have been assigned to other production and maintenance
work. The record further shows that the employees in department 4
are one unit of an assembly line type of operation in the production
of refrigeration units. The record does not support a finding that the
employees in the alternative unit proposed by the Petitioner constitute
the type of traditional departmental unit to which we will permit
severance from a production and maintenance unit. American Pot-
ash & Chemical Corporation case.4 We therefore dismiss the petition
as the proposed units are not appropriate.
[The Board dismissed the petition.]
A American Potash & Chemical Corporation , 107 NLRB 1418 , 1424 . See also Parker
Brothers & Company, Inc., 117 NLRB 1462, 1464, and The Murray Company of Temas,
Inc., 107 NLRB 1571.
Southeastern Galvanizing Corporation & Florida Wholesale
Fence, Incorporated ' and United Steelworkers of America,
AFL-CIO, Petitioner. Case No. 12-RC-770. April 26, 1960
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert L. Westheimer, hear-
ing officer. The hearing officer's rulings are free from prejudicial
error and are hereby affirmed. The Employer's motion to dismiss the
petition upon various grounds is denied for the reasons set forth
hereinafter.
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-member
panel [Members Rodgers, Bean, and Jenkins].
Upon the entire record in this case, the Board finds:
1. Southeastern is a Florida corporation engaged in the business
of galvanizing wire. Florida Wholesale , also a Florida corporation,
i Hereinafter referred to as Southeastern and Florida wholesale , respectively.
.127 NLRB No. 56.
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
weaves wire fences. Both corporations have common ownership and
management. They occupy the same building and have integrated
operations with the final product being galvanized wire fence.
Both firms ignored a Board subpena intended to produce evidence
bearing on jurisdiction. In view of the lack of response to the sub-
pena, the hearing officer permitted two of Southeastern's employees to
testify concerning jurisdiction. Their testimony shows that during
1959 Florida Wholesale received between 1,600 and 1,800 tons of wire
from outside the State of Florida, that the minimum value of this
direct inflow exceeded $150,000, and that it made between five and
seven out-of-State truckload shipments of finished products during
the same period. Neither Company made any effort to controvert this
testimony by the production of company records or books or by the
testimony of any company official or employee more familiar with
operations.
As the two companies ignored the subpena, the reply to which would
have furnished primary evidence, and as representation proceedings
are not, in any event, governed by technical rules of evidence, we find
that the forgoing evidence was properly received.' We also find that,
as the two companies together with Reeves Fence Company 3 constitute
a single employer, they are engaged in commerce within the meaning
of the Act and that it will effectuate the policies of the Act to assert
jurisdiction herein.'
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Acts
The Petitioner seeks to represent in a single unit the production and
maintenance employees, including truckdrivers, of both Southeastern
and Florida Wholesale. The companies contend that they are separate
employers and separate bargaining units should therefore be estab-
lished for their employees. In the alternative, the companies assert
that if a combined unit is appropriate the employees of Reeves should
be added thereto.
As stated, Southeastern and Florida Wholesale occupy the same
plant in Tampa, Florida, and are engaged in the production of gal-
vanized wire fence. Reeves is engaged in the sale, distribution, and
installation of the fencing produced by Southeastern and Florida
Wholesale. Reeves' main shop and sales office are in Tampa. Reeves
2 pepper Printing Company, Inc , 121 NLRB 1297. Cf. Tropicana Products, Inc.,
122 NLRB 121.
7 Referred to hereinafter as Reeves.
d Siemens Mailing Service, 122 NLRB 81.
5In view of our disposition of the petition, we find it unnecessary to consider the
Employer ' s contentions regarding the investigation and sufficiency of the petition.
TRINITY VALLEY IRON AND STEEL COMPANY 417
also has shops and sales offices at both Orlando, and Jacksonville,
Florida. All three companies have the same set of officers, are under
the operational direction of a single general manager, have a single
administrative office and payroll staff, and a common labor policy.
These factors justify a finding that the three companies constitute a
single employer within the meaning of the Act.
In addition to the foregoing indicia of functional and organiza-
tional integration, there is frequent interchange of employees between
the three companies. During seasonal slack periods Reeves' employees
are utilized in the production operations of Florida Wholesale and
Southeastern. Florida Wholesale's employees frequently work at
Reeves' warehouse. Reeves' employees are utilized in maintaining the
grounds and equipment of Florida Wholesale and Southeastern.
Florida Wholesale employees work in Southeastern's plant during
slack periods and occasionally assist Reeves' employees in the erection
of fences. Southeastern and Florida Wholesale use a common storage
area, common watchmen, and a common foundryman. Florida Whole-
sale's truckdrivers regularly spend some of their nondriving time
working for Southeastern.
In view of the common ownerships, the high degree of functional
and organizational integration and the considerable amount of em-
ployee interchange among the three companies, we find that the two-
company unit sought by the Petitioner is inappropriate. Although
employees of the three companies may constitute an appropriate unit,
we are administratively advised that the Petitioner's showing of in-
terest is insufficient to warrant the direction of an election in such a
unit. Accordingly, we shall dismiss the petition.
[The Board dismissed the petition.]
Trinity Valley Iron and Steel Company, a Division of C. C. Griffin
Manufacturing Company, Inc. and International Molders &
Foundry Workers Union of North America, AFL-CIO, Local
No. 9. Case No. 16-CA-1256. April 27, 1960
DECISION AND ORDER
On January 11, 1960, Trial Examiner Thomas N. Kessel issued his
Intermediate Report in the above-entitled proceeding, finding that the
Respondent had engaged in and was engaging in certain unfair labor
practices and recommending that it cease and desist therefrom and
take certain affirmative action, as set forth in the copy of the Inter-
mediate Report attached hereto. Thereafter, the Respondent filed
exceptions to the Intermediate Report and a supporting brief.
127 NLRB No. 61.
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