Amazon Cotton Mills, Inc.

National Labor Relations Board - Board Decisions

Oct 22, 1943

52 N.L.R.B. 1516 (N.L.R.B. 1943)

In the Matter of AMAZON COTTON MILLS, INC. and TExTII.E WORKERS
UNION OF AMERICA, C. I. O.
Case No. 5-B-1381.-Decided October 02, 1943 -
Major L. P. McLendon , of Greensboro , N. C., for the Company.
Mr. Horace White, of Winston - Salem , N. C., 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 Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Amazon Cotton Mills, Inc., Thomasville; North Carolina, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Anthony E.
Molina, Trial Examiner. Said hearing was held at Thomasville,
North Carolina, on October 4, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
Amazon Cotton Mills, Inc., is a North Carolina corporation with
its principal place of business at Thomasville, North Carolina, where
it is engaged in the manufacture of knitting yarns. The Company
purchases annually raw materials valued in excess of $1,000,000, ap-
proximately 75 percent of which is shipped to it from points out-
side the State of North Carolina. During the same period the-
Com-pany produces products valued in excess of $5,000,000, approximately
52 N. L. R. B., No. 256.
1516
AMAZON COTTON MILLS, INC. 1517
50 percent of which is shipped to points outside the State of North
Carolina. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substanial 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 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding section hands, but excluding clerical employees, militarized
guards and watchmen, 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, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETF tiMINATION 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 in 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 Relations,
I The Regional Director reported that the Union presented 396 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of September 1, 1943 There are approximately 817 employees in the
appropriate unit.
1518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Amazon Cotton
Mills, Inc., Thomasville, North Carolina, 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 super-
vision of the Regional Director for the Fifth Region, acting in this
matter 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 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, 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 Textile Workers Union
of America, affiliated with the C. I. 0., for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.