Taylor-Colquitt Co.

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 219 (N.L.R.B. 1946)

In the Matter of TAYLOR-COLQUITT Co. and INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 470
Case No. 10-R-1583.-Decided January 7, 1918
Messrs. Daniel cfi Russell, by Mr. C. E. Daniel, of Spartanburg, S. C.,
and Mr. W. P. Congers, Jr., of Spartanburg, S. C., for the Company.
Mr. H. F. Blackstone, of Charleston, S. C., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Operating
Engineers, Local 470, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Taylor-Colquitt Co., Spartanburg, South Carolina, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Albert D. Maynard,
Trial Examiner. The hearing was held at Spartanburg, South Caro-
lina, on September 21, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Company moved at the hearing for
dismissal of the petition. The Trial Examiner reserved ruling on this
motion for the Board. For reasons stated in Section III, infra, the
motion is granted. The Trial Examiner's rulings made at the hear-
ing 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. THE BUSINESS OF THE COMPANY
Taylor-Colquitt Co., a South Carolina corporation with its principal
office and plant located at Spartanburg, South Carolina, is engaged in
the treating, processing, sale, and distribution of timber to be used
65 N. L. R B , No. 44.
219
220 DECISIONS OF NATIONAL LABOR -'RELATIONS BOARD
as railroad cross ties and railroad switch ties; telephone, telegraph and
power poles; piling; bridge timbers; and other construction timber.
We are concerned herein solely with the Company's Spartanburg
plant. During the fiscal year ending September 30, 1944, the Com-
pany purchased for this plant raw materials valued at approximately
$2,650,000, of which about 50 percent was shipped to it from points
outside the State of South Carolina. During the same period, the
Company sold finished products valued at approximately $4,280,000,
of which about 60 percent was shipped to points outside the State of
South Carolina. The current operations of the Company are approxi-
mately the same as during the period described above.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local 470, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union seeks, apparently, to add to the unit of employees of
the Company which it currently represents, 12 crane checkers and 3
"apprentices to engineers." 1 The Company moved for dismissal of
the petition, asserting, in effect, that in a previous decision the Board
found the activities of crane checkers to be attributable to manage-
ment,2 and that an admixture of such employees with ordinary workers,
as desired by the Union, runs counter to Board policy.
We agree with the Company's position. Inasmuch as the record
indicates that the facts upon which the Board predicated its previous
finding concerning crane checkers remain substantially unchanged,
and since these employees comprise a majority of the group sought
herein by the Union, we find that this entire group is not an appropri-
ate voting unit.
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATTON
Since, as indicated in Section III, above, the voting group sought
to be established herein by the Union is inappropriate, we find that
no question concerning the representation of employees of the Com-
pany has been raised. Accordingly, we shall dismiss the petition.
' At the hearing, the Union described this group as the helpers to the operators in the
treating room
211latter of Taylor-Coiquitt Company. 47 N L R B 225 , enfd 140 F (2d) 92
(CCA4).
TAYLOR-COLQUITT CO.
ORDER
221
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Taylor -Colquitt Co.,
Spartanburg, South Carolina , filed by International Union of Oper-
ating Engineers , Local 470, be, and it hereby is, dismissed.
' CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.