The Patent Button Co. of Tennessee

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 335 (N.L.R.B. 1945)

I
In the Matter of THE PATENT BUTTON COMPANY OF TENNESSEE and
UNITED GAS, COKE AND CHEMICAL WORKERS, CIO 1
Case No. 10-R-1509 .-Decided October 18, 1945
Mr. E. C. Snoddy, • of Knoxville , Tenn., for the Company.
Messrs : John R % Seltzer and' J . C. Taylo'', both of Knoxville , Tenn.,
for the 'CIO. ,
Messrs. Clyde Lee and K. P . Dyke, both of Knoxville , Tenn., for
the AFL.
Miss Helen Hart , , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon an amended ' petition duly filed by United Gas, Coke,' and
Cliemical Workers, CIO, herein called the CIO, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The Patent Button Company of Tennessee, Knoxville,
Tennessee, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Dan M. Byrd, Trial Examiner. The hearing was held at Knoxville,
Tennessee, on August 15, 1945. The Company, the CIO, and' Inter-
national Ladies Garineiit Workers Union, AFL, herein, called the
AFL, appeared, participated, and were afforded full opportunity to
he 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 an opportunity to file briefs with the Board.
"Tie original petition in the instant case was filed on May 5. 1945, and amended August
12, 1945 Subsequent to the filing of the original petition, 1 petition in Case No 10-R-1555,
covering the same employees, was filed by Federation of Glass, Ceramic and Silica Sand
W'orkers of America CIO, herein called the Federation On August G 1945, the Regional
Director approved withdraNsal of the petition in Case No 10-R-1555.
The Federation was served with Notice of Hearing but failed to appear
64 N.L.R B,No.62.
335
336' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TIIE.BUSINESS OF THE COMPANY
The Patent Button Company of Tennessee, a Tennessee 'corpora-
tion is engaged in the manufacture of plastic buttons, stove handles,
knobs, and related products. During the period of a year, the Com-
panypurchases raw materials, consisting mainly of various plastic
forming substances, valued in excess of $200,000, more than 75 percent,
of which is shipped to the Company from points outside the State
of Tennessee. During the same period of time, the Company manu-
factures finished products valued in excess of $200,000, more than 75
percent of which is transported to points outside the State of Tennessee.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Gas, Coke and Chemical Workers, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
International Ladies Garment Workers Union, affiliated with the
American Federation of Labor,•is a labor organization admitting to
membership employees of the Company. •
III. THE QUESTION CONCERN ING, REPRESENTATION
On July 2, .1943, the Company and.the AFL signed a written con-
tract covering the Company's production and maintenance employees
following a consent, election, conducted among such employees under
Board auspices in which the AFL received a majority of the valid
votes cast.3 This contract was to' remain in effect for 1 year and for
yearly periods thereafter, unless either party gave written notice to
"change or abrogate" the agreement 30 days prior to any anniversary
date. The contract- was automatically renewed in 1944.
On May 28, 1945, the CIO, by letter, advised the Company that it
represented a majority of its employees and requested recognition as
their bargaining agent. The. Company refused to accord such recog-
nition to the CIO because of its contract with the AFL.
The AFL contends that the contract constitutes a bar to the instant
proceeding. Since, however, the CIO apprised the Company of its
claim,to representation prior to the,1945 effective date of the, contract's
automatic renewal clause, we find no merit in this contention.4'
See Case No 10-R-881.
4 See Matter of Craddock -Tetra Shoe Corp , 55 N. L . R` B 1406 ; Matte? of, El Paso
-Eiectric Company, 50 N. L. R B 56.
. THE PATENT BUTTON COMPANY OF TENNESSEE 337
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.5
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.
1V. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all employees of the Company who are paid on an hourly or piece
rate basis, excluding watchmen,(' cafeteria workers, quality control
clerks ,7 clerical workers, salesmen, timekeepers, designers, draftsmen,
administrative employees, the chief engineer, foremen,, and all other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise. effect changes in the status of employees, or
effectively recommend such action, constitute a Unit -appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
V. i THE DETE.IRAllIN 1TION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
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 Rela-
tions Act, and pursuant to Article III, Section 9,' of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with The Patent But-
6 The Field Examiner reported that the CIO submitted 45 authorization cards and that
the name, of 43 persons appearing on the cards were listed on the Company's pay roll of
May 27, 1945 He also reported that the Federation submitted 76 authouzation cards
and that the names of 61 persons appearing on the cards sere listed on the aforesaid pay
roll It appears that the Federation has transferred its interest in the Company's em-
ployees to the CIO. The CIO' s original and amended petitions indicate that there are
approximately 225 employees in the alleged appropriate unit Apparently the AFI, relies
on its contract with the Company as evidence-of interest
° The three watchmen or plant guards are deputized and carry side arms
7 The three quality control clerks are salaried employ ees who keep cost records and record
quality of materials for the office.
670417-'46-vol 64 23
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
ton Company of Tennessee, Knoxville, Tennessee, 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
supervision of the Regional Director for the Tenth 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 Regula-
tions, 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. vaca-
tion 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 those employees who have since quit or been dis-
charged for cause and have-not been rehired or reinstated prior to the
date of the election, to determine whether they desire-to be represented
by United Gas, Coke and Chemical Workers, CIO, or by International
Ladies Garment Workers Union, AFL, for ,the purposes of collective
bargaining, or by neither.
MR. GERARD D. REIiL took no part in the consideration of the above
Decision and Direction of Election.
a