Threads, Inc.

National Labor Relations Board - Board Decisions

Oct 24, 1958

121 N.L.R.B. 1507 (N.L.R.B. 1958)

THREADS, INCORPORATED 1507
electronics assemblers, sr, electronics assemblers fabricator engineer-
ing research, inspector electronics assembly, quality control checkout-
machined parts, tester electronic systems (-including L-R and Sr ),
tester electronic units (including L-R and Sr ), maintenance worker,
service driver, scheduler A and B, experimental project planner,
material requirements analyst, material ordering analyst, department
clerks and general clerks in the shipping, receiving and transportation
department, the material control department, and departments 070
and 079, crater packer general, inspector electronic control checkout,
inspector material disposition, inspector receiving functional test,
janitor, production control dispatchers "A" and "B," receiving dock-
man, shop follow-up "A," stock clerks "A" and "B," and time checker
4'A," but excluding technical employees, the department clerk, stenog-
rapher, and procurement followup clerk in the purchasing and outside
production department, other office- clerical employees, professional
employees," guards, and supervisors as defined in the Act
(a) All technical employees, at the Employer's Kearney Mesa,
California, plant, including radio and radar mechanic, engineering
draftsmen "A," "B," and "C," instrument technician (engineering),
laboratory electronics technician mechanic, master mechanic engineer-
ing research, research and development technician "A," research and
machinist technicians "A" and "B," production processors "A" and
41B," and standards analyst "B," but excluding all employees in-
cluded in the production and maintenance unit, office clerical em-
ployees, professional employees,", guards, and supervisors as defined
in the Act
[Text of Direction of Elections omitted from publication.]
15 The parties agree, and we find, that the following are professional employees
Design draftsmen , engineering assistants , mathematicians , statisticians, technical com-
puters, technical illustrators , tool designers , and junior engineers
" See footnote 15
Threads, Incorporated ' and Textile Workers Union of America,
AFL-CIO, Petitioner. Case No 11-RC-1146 October 24, 1958
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 John M Dyer, hear-
ing officer The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby afirmed
1 The Employer's name appears as amended at the hearing
121 NLRB No 196
1508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Rodgers, Bean, and Fanning].
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 herein claims to represent cer-
tain employees of the Employer. ,
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the,meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to represent a unit of production and main-
tenance employees at the Employer's Gastonia, North Carolina, plant,
excluding office clerical employees, professional employees, guards,
and supervisors. The Employer agrees with the appropriateness of a
production and maintenance unit. It seeks, however, to include the
employees of two subsidiary corporations; it also requests the inclu-
sion of certain types of employees. The Petitioner seeks to exclude
some of the requested inclusions; as to others, it takes no position, but
leaves the question for the Board's determination.
The Employer is engaged in the manufacture of textile products,
specifically the conversion of yarn into thread and the production of
knitting and weaving yarns. There is no history of collective
bargaining.
The Employer seeks to include the employees of the Warren
Thread Works, Inc., in the unit. The Petitioner takes no position
but leaves the matter for the Board's determination. Warren Thread
Works, Inc., a wholly owned subsidiary of the Employer, was pur-
chased about 4 or 5 years ago. It formerly operated at another loca-
tion, but, after the purchase, the Employer liquidated that operation
and moved the machinery to its Gastonia plant. At present, the
Warren Thread Works, which the Employer characterizes as an op-
erating division of Threads Incorporated, occupies a room in the
Employer's building, part of which is also used by the Employer for
storage. Warren is engaged in essentially the same operation as the
Employer, and employs about 22 or 23 employees. Although it is
separately supervised, it is under the overall supervision of Mr.
Kopten, the Employer's superintendent, who does most of the hiring
and firing for Warren. The record indicates that there. is frequent
interchange of employees between the Employer and Warren. Prod-
ucts from Warren are dyed in the Employer's dye house. Further,
the wage structure, fringe benefits, and management policies are the
same for both groups of employees. The separate payroll for War-
THREADS, INCORPORATED 1509
ten's employees is prepared by the Employer's payroll clerks. In
view of common. ownership, centralized managerial control of opera-
tions, the extent of integration, the uniformity of wage structure and
employee benefits, and the common geographic location, we find that
the Employer and the Warren Thread Works, Inc., constitute a single
employer for the purposes of collective bargaining.2 Accordingly, we
shall include the employees of Warren Thread Works, Inc., in the unit
sought by the Petitioner.
The Employer also seeks to include the employees of Max Pollack,
Incorporated. The Petitioner seeks to exclude' them. Pollack was
purchased by the Employer about 3 years ago, but until recently it
had operated, under the control of a plant manager, in Groton, Con-
necticut. At the time of the hearing, the Pollack plant in Groton was
being liquidated and its machinery was in the process of being moved
to Gastonia, North Carolina. The Employer plans to house the Pol-
lack operation in a building on its premises. The Employer had been
using this building for storage, and will continue to use, part of it for
its warehouse facilities even after Pollack goes into full production
sometime in October 1958. Pollack's operations will be much like the
Employer's, except that it will produce synthetic yarns. It will em-
ploy between 50 and 60 employees, some of whom will be transferred
from the Employer's operations; in fact, the Employer has already
received requests for transfer from some of its employees. Products
from Pollack will be dyed in the Employer's dye house. Like War-
ren, Pollack will be separately supervised but under the overall super-
vision of Mr. Kopten. The wage structure, fringe benefits, and man-
agement policies will be the same for the Pollack employees as for the
employees of Warren and the Employer. Under these circumstances,
and for the reasons noted above in connection with the Warren
Thread Works, Inc., we find that the Employer and Max Pollack, In-
corporated, constitute a single employer for the purposes of collective
bargaining.3 The ' Petitioner, however, objects to the inclusion of
these employees on the ground that, on the date of the hearing, no
employees were employed by Pollack. We find no merit in this con-
tention. Pollack will be in full production by the time the election di-
rected herein is held. Further, the Pollack operation essentially con-
stitutes an accretion to the unit.' Accordingly, we shall include the
employees of Max Pollack, Incorporated, in the unit.
The Employer seeks to include certain leadmen in the unit. The
Petitioner takes no position on their inclusion. The leadmen under
2Bulova Research and Development Laboratories , Inc, 110 NLRB 1036. See also
Blue Rock Quarry, 116 NLRB 1778; Gates Engineering Company, 115 NLRB 1528.
8 See footnote 2.
4 See Hudson Pulp and Paper Corporation , 117 NLRB 416.
1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
consideration include,the following : two drub en, dye house, .weigh
all dyestuffs out of formulas. In the foreman's absence, they act in
his place only to prevent holding up production. The lead mechanic,
Universal winding, repairs machines in that department. The Em
ployer considers him to be the "top mechanic." The yarnman, Foster
winding, puts yarn on, and takes it off, winders. He is also responsi-
ble for supplying yarn to the other yarnmen and for keeping the yarn,
on the winders. The lead mechanic, shop, lays out work for the 4 or,
5 other mechanics. He assigns work in his own discretion only in an
emergency. The lead,warehouseman receives cartons, cases, and other
supplies.- The yarnman, shipping No. J, is engaged primarily in
wrapping. The leadman, yardmen, unloads coal cars and acts as a
janitor or cleanup man. All leadmen are hourly paid and perform
the same work as the other employees in their departments. None,
has the authority to hire or fire, nor is there any evidence-that they
have any of the other indicia of supervisory authority. At most, they
transmit routine orders. We find that none of the above are super-
visors, accordingly, we shall include them in the unit.
The Employer contends that the watchmen- are not guards and
would include them in the unit, contrary to the Petitioner's'position.
Although they are not deputized, do not wear uniforms, and do not
carry guns, the watchmen who work from 6 p. m. to 6 a. m. make
regular rounds of the plant, winding the Employer's insurance com-
pany's keys in the timeclocks and watching out for fires and intruders.
The day watchman stays at the gate to keep out everyone except em-
ployees. We find, contrary to the Employer's contention, that the
watchmen are guards, accordingly, we shall exclude them from the
unit.5
The Employer seeks to include the employees in the yarn testing
laboratory. It appears that the Petitioner would exclude them.
These employees test all yarn received and processed. They are
hourly paid and require no special training for their job. We find
that they are production employees and shall include them in the
unit.6
• The Employer seeks to include production clerks, dye house labora-
tory clerks, office clerks, dye house office clerks, and payroll clerks.
The Petitioner would exclude them as office clerical employees.
The production clerks, who are supervised by the plant superin-
tendent, keep records of everything in process in the plant. Their
job requires them to make frequent trips into the production area.
We find that they are plant clerical employees and shall include-them
in the unit'
s Armstrong Cork Company, 117 NLRB 262, 264.
6 Eastern Corporation, 116 NLRB 329
7 Planktinton Packing Company, 116 NLRB 1225.
THREADS, INCORPORATED' 1511
The laboratory clerks, dye house, perform sample dyeing, and some
actual dyeing, on new colors and new dyestuffs. No special training,
other than that received from the Employer, is required. These em-
ployees work in an area between the office and the plant areas, and are
supervised by the chemist, Mr. Wyss.- We find that they are produc-
tion employees and shall include them in the unit.'
The office clerks, dye house, who are also supervised by Mr. Wyss,
keep production records. One of them schedules work for the dye
house. We find that these employees are plant clericals, accordingly,:
we shall include them in the unit.
Warren Thread Works, Inc., employs one production clerk, who
keeps production records for that operation. She works for the fore-
man of that department and spends part of her time in the production
area. - We find that this employee is a plant clerical. We shall include
her in the unit.10
There are two office clerks who work under the plant superintendent:
The parties agree, and we find, that one of the clerks, who acts as the
superintendent's secretary; is a confidential employee and, should be
excluded from the unit. The other keeps records gathered by the test-
ing laboratory. She spends a large part of,her time in the plant area.
We find that she is a plant clerical employee and shall include her in
the unit."
There are three payroll clerks who work in the main office. Two of
them'have no occasion to go into the plant. The third goes into the
plant once a. week to pay the production employees. We find that thee'
payroll clerks are office clerical employees, and shall exclude them
from the unit.'2 "
Accordingly, we find that all production and maintenance employees'
at the Employer's Gastonia,' North Carolina, plant,' including em-
ployees of Warren Thread Works, Inc., and Max Pollack, Incorpo-
rated, drugmen-dye house, yarnman-Foster winding, lead mechanic-
shop, lead warehousemen, lead mechanic-Universal winding, leadman-
yardmen, yarnman-shipping No. 1, employees in the yarn testing
laboratory, production clerks (including the clerk at Warren Thread
Works, Inc.), laboratory clerks-dye house, office clerks-dye house, and
office clerk-superintendent's office, but excluding the superintendent's
secretary, watchmen, payroll clerks, other office clerical employees,
professional employees, guards, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
8 The parties agree to the exclusion of this employee.
9 Eastern Corporation, supra.
10 Badenhausen Corporation, 113 NLRB 867.
n Badenhausen Corporation , supra.
12 See Minnesota and Ontario Paper Co, 92 NLRB 711, 712.