William H. Coleman Co.

National Labor Relations Board - Board Decisions

Dec 22, 1944

59 N.L.R.B. 1203 (N.L.R.B. 1944)

In the Matter of WILLIAM H. COLEMAN COMPANY and COOPERS' INTER-
NATIONAL UNION, LOCAL No. 76, A. F. OF L.
Case'No. 1-5-R-1252.-Decided December 22, 1944
Pig f ord cC Key, by Mr. W. N. Key, of Jackson, Tenn., Mr. Graham
File, of Chicago, Ill., and Mr. Fred I. Smith,, of Jackson, Tenn., for
the Company.
Mr. J. L. Robertson, of Memphis, Tenn., and Messrs. L. H. Baxter,
J. L. Roach, and H. D. Baker, of Jackson, Tenn, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Coopers' International Union, Local
No. 76, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of William H. Coleman Company, Jackson, Tennessee, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Laurence H. Whit-
low, Trial Examiner. Said hearing was held at Jackson, Tennessee,
on November, 17, 1944. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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 opportunity, to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
William H. Coleman is a Tennessee corporation operating a plant
at Jackson, Tennessee, where it is engaged in the manufacture of ax
handles and barrel headings. During 1943, the Company manu-
factured products valued in excess of $200,000 approximately all of
which was shipped to points outside the State of Tennessee. During
59 N. L R. B, No 217.
1203
1204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the same period the Company purchased raw materials valued in
excess of $100,000 about 20 percent of which was shipped to it from
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 ORGANIZATION INVOLVED
Coopers' International Union, Local No. 76, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends. that all production employees in the heading
department of the Company at Jackson, Tennessee, including main-
tenance employees but excluding employees in the handle department,
and supervisory and clerical employees, constitute an appropriate
unit. The only controversy with respect to the unit concerns main-
tenance employees and watchmen.
The Company's operations at Jackson, Tennessee, consist of two
departments, namely the barrel heading department and the ax handle
department. (The Union would limit its unit to the employees in the
former department. The Company agrees with this contention.)
In addition, the Company employs maintenance employees consisting
of engineers, firemen and firemen's helpers, and watchmen, who serv-
ice both of the Company's departments. The Company would ex-
clude such persons from the requested unit while the Union would
include them. It appears that the Union has organized only the
employees in the heading department, including the employees in dis-
pute, and that it has no jurisdiction over the employees in the handle
department. 'No other labor organization is claiming to represent the
'The Field Examiner reported that the Union presented 35 authorization cards. There
are approximately 49 employees in the appropriate unit.
WILLIAM H . COLEMAN COMPANY 1205
watchmen or maintenance employees. In view of the extent of or-
ganization , we shall , include the maintenance employees and watch-
men in the unit.
We find that all production employees in the heading department
of the Company at Jackson , Tennessee , including maintenance em-
ployees and watchmen , but excluding employees in the handle de-
partment, clerical employees , and all 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. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees within 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 representa-
tives for the purposes of collective bargaining with William H. Cole-
man Company, Jackson, 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 Fifteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 , and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding any 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 Coopers'
International Union, Local No. 76, for the purposes of collective
bargaining.