Alma Mills

National Labor Relations Board - Board Decisions

May 25, 1938

7 N.L.R.B. 463 (N.L.R.B. 1938)

In the Matter of ALMA MILLS and TEXTILE WORKERS ORGANIZING
COMMITTEE
Case No. R-707.-Decided May 05, 1938
Cotton Textile Industry--Investigation of Representatives: controversy con-
cerning representation of employees : majority status disputed by employer ;
employer's refusal to grant recognition of union-Unit Appropriate for Collec-
tive Bargaining : production and maintenance employees , excluding clerical and
supervisory employees ; stipulation as to-Election Ordered
Mr. Marion A. Prowell, for the Board.
Mr. G. W. Speer, of Gaffney, S. C., for the Company.
Mr. Cloyd L. Gibson, of Spartanburg, S. C., for the Union.
Mr. Aaron Lewittes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 19, 1937, Textile Workers Organizing Committee,
herein called the Union, filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Alma Mills, Gaffney, South Carolina, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On January 24, 1938, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On March 24, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, and upon
the Union. Pursuant to the notice, a hearing was held on April 8,
1938, at Spartanburg, South Carolina, before D. Lacy McBryde, the
Trial Examiner duly designated by the Board. The Board, the Com-
pany, and the Union, were represented by counsel and participated in
463
464 NATIONAL LABOR RELATIONS BOARD
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues was
afforded all parties. No objections to the admission of any evidence
were made at the hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Alma Mills is a South Carolina corporation engaged in the manu-
facture of sheetings and chambrays in Gaffney, South Carolina. The
Company employs approximately 350 persons engaged in production,
maintenance, supervision, and clerical work. The Company stipu-
lated that approximately 35 per cent of the raw materials for its plant
are purchased outside the State of South Carolina, and that approxi-
mately,25 per cent of the manufactured product is shipped directly to
States other than South Carolina. The Company further stipulated
that the other 75 per cent of the manufactured product is delivered to
a finishing plant at Lyman, South Carolina, and finally shipped out-
side the State.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization affili-
ated with the Committee for Industrial Organization.
III. THE QUESTION CONCERNING REPRESENTATION
The Union claims to represent a majority of the employees in an
appropriate unit. The Company denies that the Union has a ma-
jority and therefore refuses to recognize the Union as the exclusive
collective bargaining representative.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE ' QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
DIJ.CISIONS AND ORDERS
V. THE APPROPRIATE UNIT
465
The Company and the Union agreed that the production and
maintenance employees, excluding clerical and supervisory em-
ployees, should constitute the appropriate unit. We see no reason
to alter the agreed unit. We find that the production and mainte-
nance employees of the Company, excluding clerical and super-
visory employees, constitute a unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise 'effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The record does not disclose the extent of the Union's claimed
membership. Accordingly, we shall order an election.
The Company and the Union agree, and we conclude, that the
employees whose names appear on the pay roll for the week ending
March 5, 1938, shall be eligible to vote,' excluding those who have
since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation. of employees of Alma Mills, Gaffney, South Carolina,
' ithiri the meaning of Section 9 (c) and Section 2 (6) and (7), of
the National Labor Relations At.
2. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it
is hereby
DIRECTED, that as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Alma Mills, an election by secret ballot shall be conducted within
466 NATIONAL LABOR RELATIONS BOARD
fifteen (15) days from the date of this Direction of Election under
the direction and supervision of the Regional Director for the Tenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations-Series 1, as amended, among all the production and
maintenance employees whose names appear on the Company's pay
roll for the week ending March 5, 1938, excluding clerical and super-
visory employees and any other employees who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by Textile Workers Organizing Committee for the
purposes of collective bargaining.
AMENDMENT TO DIRECTION OF ELECTION
June 8,1938
On May 25, 1938, the. National Labor Relations Board, herein called
the Board, issued a Direction of Election in the above-entitled pro-
ceeding, the election to be held within fifteen (15) days from the date
of Direction, under the direction and supervision of the Regional
Director for the Tenth Region (Atlanta, Georgia).
The Board, upon the recommendation of the Regional Director, for
good cause shown, hereby amends its Direction of Election by striking
therefrom the words "within fifteen (15) days from the date of this
Direction of Election" and substituting therefor the words "at such
time as the Board will in the future direct."
MR. EDWIN S. SMITH took no part in the consideration of the above
Amendment to Direction of Election.