The Fli-Back Co.

National Labor Relations Board - Board Decisions

Aug 29, 1949

85 N.L.R.B. 959 (N.L.R.B. 1949)

In the Matter of THE FLT-BACK COMPANY AND THE SOCK -IT COMPANY,
INC., EMPLOYERS , and UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, LOCAL 3095, A. F. OF L., PETITIONER
Case No. 34-RC-15R .-Decided August 29, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before George L.
Weasler, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members`
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning
of the National Labor Relations Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner requests a unit composed of the production and
maintenance employees of both the Fli-Back and Sock-It companies.
Fli-Back and Sock-It contend that the two-company unit is inap-
propriate and that each company should bargain as a separate unit.
Fli-Back, a partnership consisting of J. Emory Gibson, Sr., and his
wife, manufactures paddle games and rubber balls. Sock-It, a cor-
poration, manufactures yo-yos and spinning tops. All the officers
and stockholders of Sock-It are the children of Mr. and Mrs. Gib-
son, Sr.
Sock-It rents part of the second story of the Fli-Back plant. Its.
operations are conducted in a wing, separated from the rest of the
building by a door. Fli-Back employs 60 employees, Sock-It, 10.
85 N. L. R. B., No. 169.
959
960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The operations of Fli-Back are supervised by J. Emory Gibson,
Sr., those of Sock-It by J. Emory Gibson, Jr. In the absence of J.
Emory Gibson, Jr., the assistant superintendent of Fli-Back supervises
the operations of Sock-It. In the absence of both Gibson, Sr., and
Fli-Back's assistant superintendent, Gibson, Jr., supervises the oper-
ations of Fli-Back. Gibson, Jr., also designs toys for Fli-Back, for
which services he is compensated by that company.
Fli-Back and Sock-It maintain separate pay rolls, separate bank
accounts, and keep separate sets of books. The assistant superintend-
ent of Fli-Back also acts as bookkeeper for Sock-It for which services
he is paid by the latter company. J. Emory Gibson,. Sr., and J.
Emory Gibson, Jr., make separate purchases for their respective com-
panies except that Gibson, Jr., will occasionally purchase machinery
for Fli-Back. Fli-Back and Sock-It occupy the same office space at
the Fli-Back plant. However,. each owns its own office equipment.
No employees are transferred between Fli-Back and Sock-It. When
either company has a seasonal lay-off only the shipping clerk is hired
by the other. All employees punch the same time clock, but the time
cards of the two companies have different colors. The employees of
both companies receive the same vacation benefits and work the same
hours. Overtime work at the companies may not coincide and only
Fli-Back operates a night shift. The record does not show what, if
any, consultation concerning labor matters takes place between the
two companies, although J. Emory Gibson, Jr., admitted that on
occasion he may hire or discharge for Fli-Back.
In view of the separate ownership of the two companies, the differ-
ent type of work performed at each plant, and the distinct entity of
each Employer, we find that separate units of the production and
maintenance employees of each Employer are appropriate.'
Fli-Back employs four crew leaders, whom the Petitioner would ex-
,elude from the unit on the ground they are supervisors. Fli-Back
denies that they are supervisors. In view of Fli-Back's uncontra-
^dicted testimony that the crew leaders spend most of their time per-
forming manual labor and little time instructing other employees,
.and that they have no power to hire or discharge employees or effec-
tively recommend such action,2 we find that the crew leaders are not
:supervisors within the meaning of the Act and shall include them in
the unit.
1 Matter of Southern Industry Company , 78 N. L. R. B. 425. As the Petitioner is willing
to represent the employees of Fli-Back and Sock-It separately , should the Board find such
separation necessary , the Employers ' motion to dismiss the petition on the ground that the
unit sought is inappropriate is denied.
2 The record does not indicate whether the crew leaders possess any of the other super-
visory powers set forth in Section 2 (11) of the Act.
r
THE FLI-BACK COMPANY AND THE SOCK-IT COMPANY, INC. 961
Accordingly, we find the following units to be appropriate:
(a) All production and maintenance employees at the Fli-Back
Company's High Point, North Carolina, plant, including crew leaders
but excluding office clerical employees, guards, professional employees,
foremen, and all other supervisors as defined by the Act.
(b) All production and maintenance employees at the High Point,
North Carolina, plant of Sock-It Company, Inc., excluding office
clerical employees, guards, professional employees, foremen, and all
other supervisors as defined by the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employers, an election by
secret ballot shall be conducted as early as possible, but not later than
90 days from November 5, 1949,3 under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor Re-
lations Board Rules and Regulations, among the employees in the
units found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date of
this Direction of Election, 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 rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine
(1) Whether or not the employees in unit (a) desire to be repre-
sented for purposes of collective bargaining by United Brotherhood
of Carpenters and Joiners of America, Local 3095, A. F. of L.
(2) Whether or not the employees in unit (b) desire to be repre-
sented for purposes of collective bargaining by United Brother-
hood of Carpenters and Joiners of America, Local 3095, A. F. of L.
3It appears that at the time of the hearing Sock -It was temporarily shut down due to
a lack of orders . If on the date of this Direction it has not yet reopened , the election at
the Sock-It plant directed herein, shall be held within 30 days of the reopening.
[By Order dated February 1, 1950, the above Direction of Election was amended to allow
The Sock-It Company to hold its election "not later than 105 days from November 5, 1949,
among the employees in the unit found appropriate in paragraph numbered 4 (b), above,
who were employed during the pay-roll period ending January 11, 1950."]