The Rushton Co.

National Labor Relations Board - Board Decisions

Jan 21, 1948

75 N.L.R.B. 973 (N.L.R.B. 1948)

In the Matter of W. W. RUSHTON, M. P. RUSIITON , MARY W. RusH-
TON, AND ELLA WIGHT RUSHTON , D/B/A THE RUSHTON COMPANY,
EMPLOYER and PLAYTHINGS, JEWELRY, AND NOVELTY WORKERS IN TER-
NATIONAL UNION (C. I. 0.), PETITIONER
Case No. 10-R-2818.-Decided January 21, 1948
Jar. Robert P.MeLarty, of Atlanta, Ga., for the Employer.
Mr. W. R. Thrasher, of Atlanta, Ga., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Atlanta,
Georgia, on November 28, 1947; before A. C. Joy, 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 the case, the National Labor Relations
Board 1 makes the following:
FINDINGS OF FACT
1. TIME BUSINESS OF THE EMPLOYER
W. W . Rushton, M . P. Rushton , Mary W. Rushton and Ella Wight
Rushton, doing business as The Rushton Company, are co-partners
engaged at their Atlanta , Georgia, plant , in the manufacture of soft-
stuffed toys . Annually, the Employer manufactures products valued
in excess of $275,000 , approximately 90 percent of which is shipped
to points outside the State of Georgia.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
' Puisuant to Section 3 (b) of the National Labor Relations Act, the Board has delegated
its powers in connection with this case to a three -man pane ] consisting of the undersigned
members [ Chairman Herzog and Members Reynolds and Murdock].
75 N. L. R. B., No. 114. 973
974 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a, question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
the Employer's production and maintenance employees, excluding
office and clerical employees, guards, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the, investigation to ascertain representatives for the
purposes of collective bargaining with W. W. Rushton , M. P. Rushton,
Mary W. Rushton and Ella Wight Rushton, d/b/a The Rushton
Company, Atlanta , Georgia, an election by secret ballot shall be con-
ducted 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, subject to Sections 203.61
and 203.62 of National Labor Relations Board Rules and Regu-
lations-Series 5, 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, but excluding those 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 Playthings, Jewelry,
and Novelty Workers International Union ( C. I. 0.), for the purposes
of collective bargaining.