Stanback Co., Ltd.

National Labor Relations Board - Board Decisions

Sep 6, 1944

58 N.L.R.B. 103 (N.L.R.B. 1944)

In the Matter Of STANBACK COMPANY , LTD. and AMERICAN FEDERATION
OF LABOR
Case No. 5-R-1621.-Decided September 6, 1944
Mr. Stahle Linn, of Salisbury, N. C., for the Company.
Mr. A. E. Brown, of Durham, N. C., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Stanback Com-
pany, Ltd., Salisbury, North Carolina, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before George L. Weasler, Trial Examiner. Said
hearing was held at Salisbury, North Carolina, on August 7, 1944.
The Company and the Union appeared, participated, and were af-
forded 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
Stanback Company, Ltd. is a partnership with its principal place
of business at Salisbury, North Carolina, where it is engaged in the
manufacture of headache powders. During 1943 the Company pur-
chased raw materials valued in excess of $100,000, all of which was
shipped to it from points outside the State of North Carolina. Dur-
ing the same period the Company sold products valued in excess of
58 N. L. R. B., No. 18.
103,
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
$200,000, over 85 percent of which was 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. -
H. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 7, 1944, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the Company's
employees. The, Company refused this request until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate."
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
We find, in agreement with the parties, that all production and
maintenance employees of the Company, including packers, sealers,
machine operators, cellophane wrappers, and shipping room em-
ployees, but excluding the chemist, office and clerical employees, the
foreman, the forelady, and any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
1 The Field Examiner reported that the Union presented 41 membership application cards.
There are approximately 61 employees in the appropriate unit.
STANBACK COMPANY, LTD. 105
The Union requests that it appear on the ballot as "American Fed-
eration of Labor, Local #23,684." The request is hereby granted.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tion 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 Stanback Com-
pany, Ltd., Salisbury, 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 super-
vision of the Regional Director for the Fifth 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 Regulations,
among the employees in the unit found appropriate in Section 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 these 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 represented by
American Federation of Labor, Local #23,684, for the purposes of
collective bargaining.