Textron, Inc.

National Labor Relations Board - Board Decisions

Jan 8, 1957

117 N.L.R.B. 19 (N.L.R.B. 1957)

TEXTRON, INC. - 19
Accordingly, no question affecting commerce exists concerning the
representation of employees of CBS within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act. As-we have already
made a similar finding as to ABC and NBC, we shall dismiss the
petition."
[The Board dismissed the petition.]
a week to the employer under a contract whereby the cartoonist was compensated on a
fee-per-cartoon basis, was an independent contractor . See also Fulton County Glove Man-
vfacturers , Inc, 111 NLRB 266.
17 In view of our decision herein, we find it unnecessary to pass upon the other issues
raised by the parties.
Textron, Inc.1 , and Plywood Box Shook & Door Council District
9, IWA, AFL-CIO and Plywood Local Union No. 2784, AFL-
CIO, Petitioners . Cases Nos. 36-EC-1222 and 36 RC1223. Janu-
ary 8,1957
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before E. G. Strumpf, hearing of-
ficer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim. to represent employees
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 Act, for the following
reasons: -
IWA contends that the Employer's Bandon and Norway, Oregon,
plants, each constitutes an appropriate unit, and seeks separate elec-
tions for the production and maintenance employees at each of these
two plants.4 Although it originally sought the Norway plant as aY
separate unit in its petition, Local 2784 now takes the position that;
the only appropriate unit is one covering all three plants of the Em-
1 The name of the Employer appears as amended at the hearing.
2 In view , of our dismissal of the petitions on other grounds , we find it unnecessary to
rule on the various motions to dismiss the petitions on contract -bar grounds.
3 The Petitioner in Case No . 36-RC-1222, herein called IWA,-intervened in Case No.
36-RC-1223 on the basis of a showing of interest . The Petitioner in Case No . 36-RC-1223,
herein called Local 2784 , intervened in Case No . 36-RC-1222 on the basis of a showing of
interest.
: This position is taken by IWA as the Petitioner in Case No . 36-RC-1222 for the
Bandon plant , and as the Intervenor in Case No . 36-RC 1223 which is a petition by
Local 2784 for the Norway plant.
117 NLRB No. $.
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployer in Oregon, at Bandon, Norway, and Coquille. The Employer
also contends that only a three-plant unit is appropriate.
The Employer is engaged in the production of plywood in Oregon.
It commenced its operations in that State with the purchase of the
Coquille plant on September 30, 1955, where it assumed and has since
kept in effect a collective-bargaining agreement with Local 2784. It
expanded its operations with the acquisition of the Norway plant on
April 10, 1956, where it installed the same wage rates paid to the
Coquille employees, except for the continuation of higher rates paid
to some employees by the previous owner. It further expanded its
operations with the acquisition of the Bandon plant on June 20, 1956;
where it installed the same wage rates as at Norway, and to which
plant the Employer and Local 2784 shortly thereafter extended the
entire contract in effect at Coquille.
The Norway plant, which is 6 miles from the Coquille plant, was
purchased to provide a greater supply of green veneer for the Coquille
plant. The Bandon plant, which is 18 miles from Coquille, was pur-
chased to increase production on certain grades of plywood which
were then being manufactured in insufficient quantity at Coquille to
meet the Employer's sales potential. Norway produces only green
veneer, most of which goes to both Coquille and Bandon for process-
ing into plywood. Bandon produces green veneer, most of which is
manufactured- into lower grades of plywood at Bandon, but a part of
which goes to Coquille for processing into better grades of plywood.
The entire production of plywood at Bandon goes to Coquille, where
some of it is further processed into better grades. Some veneer pro-
duced at both Coquille and Norway goes to Bandon for further proc-
essing and then to Coquille for still further processing. At each stage
of production, the materials of all three plants are intermingled re-
gardless of their location or source. Except for some surplus veneer
of the 3 plants which may be sold and shipped from Norway, all
production* of all 3 plants is eventually stored at and shipped' from
Coquille. And most shipments of orders from Coquille include pro-
duction from all three plants. None of the three plants could operate
at full capacity if any of the others were shut down. About 80 per-
cent of the logs used by the Employer comes from its own timberlands,
and these logs go to all 3 plants, except for some low grade timber
which goes only to Bandon. The remaining 20 percent of the logs
used is purchased by a single log buyer for all 3 plants.
All, production and maintenance operations at all three plants are
under the overall supervision of a single production superintendent.
There are transfers of employees, both temporary and permanent, be-
tween the, three plants. Some Norway and Bandon employees also
work overtime on weekends at Coquille. Vacations, holidays, wage
scales (except for premium rates to exceptional employees); hits' g-'in-
REEVES INSTRUMENT CORPORATION 21
rates, shift starting times, overtime and premium time, leaves of ab-
sence, grievance procedures, and shift differentials are the same at
all three plants. There are differences in working conditions between
the three plants only with respect to seniority systems.
A central office in Coquille handles all the purchasing, billing, ship-
ping, payment of bills, and payrolls for all three plants. A single
operating statement is issued for the combined three-plant operation.
All sales are handled by a sales manager at the central office.
IWA offered to prove that there is a history of separate bargaining
at both the Norway and Bandon plants under their previous owner-
ships. However, the Board has held in similar circumstances that sepa-
rate bargaining history is not a significant factor where it was the re-
sult of separate ownership of the plants involved, and not the result
of an expressed preference by the employees for single plant units as
against an employerwide unit.'
In the instant cases, the geographical proximity of the 3 plants,
the high degree of integration and centralized managerial control of
all 3 plants, the similarity of products.produced at all 3 plants, the
almost complete uniformity of wages, hours, and working conditions
of all 3 plants, and the interchange of employees between the 3 plants,
all indicate that separate units of the employees at the Bandon and
Norway plants are not appropriate.e As neither IWA nor Local 2784
has made an adequate showing of interest in the three-plant unit which
the Employer and Local 2784 contend is appropriate, we shall dismiss
the petitions.
[The Board dismissed the petitions.]
6 See Sargent & Company, 78 NLRB 918.
9 See Saco -Lowell Shops , 107 NLRB 590; Hess, Goldsmith 4 Company, Inc., 110 NLRB
1384.
Reeves Instrument Corporation and International Union of Elec-
trical , Radio & Machine Workers, AFL-CIO , Petitioner. Case
No. 2-RC-838f. January 8,195'
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Meyer G. Reines,
hearing officer . The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in this case , the Board finds :
1. The Employer is engaged in commerce within 'the meaning of
the Act.
2. The labor organization involved claims to represent certain
employees of the Employer.
117 NLRB No. 6.