424 F.2d 707 (5th Cir. 1970), 27767, N.L.R.B. v. Fidelity Maintenance & Const. Co.

Docket Nº:27767
Citation:424 F.2d 707
Party Name:NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FIDELITY MAINTENANCE & CONSTRUCTION COMPANY, Inc., Respondent.
Case Date:April 20, 1970
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 707

424 F.2d 707 (5th Cir. 1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner,

v.

FIDELITY MAINTENANCE & CONSTRUCTION COMPANY, Inc., Respondent.

No. 27767

United States Court of Appeals, Fifth Circuit.

April 20, 1970

Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., Washington, D.C., Walter C. Phillips, Director, Region 10, N.L.R.B., Atlanta, Ga., for petitioner.

William H. Smith, Jr., Ellison D. Smith, Jr., Columbia, S.C., for respondent.

Before THORNBERRY, CARSWELL and CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

This case is before this Court upon the petition of the National Labor Relations Board for enforcement of its order issued against the Company, directing the Company to bargain with the

Page 708

International Brotherhood of Electrical Workers, Local 1579. 1 The employer has refused to bargain with the Union in order to test the appropriateness of the bargaining unit certified by the Board.

The Company furnishes maintenance and construction personnel on a contractual basis to various industrial firms located in the Augusta, Georgia area. At all times material to this case, the Company had annual contracts to provide maintenance work to Columbia Nitrogen Corporation, Columbia Nipro Corporation, Tennessee Corporation, and Hamberg Industries, Inc., and performed similar work for other firms on a job basis. The Company's headquarters are in Augusta, Georgia. Of the Company's 190 employees, approximately 110 are stationed at the Columbia Nitrogen liquid fertilizer plant located about two miles from the Company's office. About 40 of the Company's employees are employed refurbishing railroad cars at the Hamberg Industries plant, situated in South Carolina, approximately one mile from the Company's office. The Company also furnished approximately six employees for the operation of Tennessee Corporation's automated sulphuric acid and alum plant, located adjacent to the Columbia Nipro plants. The Company provides such maintenance employees as are required at the Tennessee plant on a temporary basis from its Columbia maintenance group.

The Company's central office hires employees, maintains payroll records for all employees, pays them on a single payroll, and exercises overall control of their employment. All employees are covered by the same job classification and wage rate policy, and enjoy uniform fringe benefits. The Company's...

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