Anchor Duck Mills

National Labor Relations Board - Board Decisions

Sep 21, 1945

63 N.L.R.B. 1079 (N.L.R.B. 1945)

In the Matter of ANCHOR DUCK MILLS and TEXTILE WORKERS UNION
OF AMERICA, C. I. O.
Case No. 10-R-1544.-Decided September p21,1945
Messrs. Dean Owen and John, Weeks, of Rome, Ga., for the Com-
pany.
Mr. J. D. Pedigo, of Rome, Ga., for the Union.
Miss Ruth E. Blie field, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a 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
Anchor Duck Mills, Rome, Georgia, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Mortimer H. Freeman, Trial Examiner. Said
hearing was held at Rome, Georgia, on July 31, 1945. The Company
and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine 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
Anchor Duck Mills, a Georgia corporation, is engaged at Rome,
Georgia, in the manufacture of cotton duck filter fabrics, laundry nets,
special industrial fabrics, cotton rope, and mock yarn. During the
past year, the Company purchased raw materials consisting chiefly of
cotton, cotton waste and rayon staple, valued in excess of $1,000,000,
63 N. L. R. B., No. 164. 1079
1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
over 65 percent of which was purchased and shipped to it from points
outside the State of Georgia. During the same period the Company
manufactured and sold finished products valued in excess of $5,000,-
000, 90 percent of which was sold and delivered to points outside the
State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to mem-
bership employees of the Company.
III. TI-IE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Sections 2 (6) and (7) of the Act.
IT. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should consist of all
the Company's employees, including truck drivers, yardmen, ware-
housemen, firemen, and the working supervisor in the respooling de-
partment, but excluding timekeepers, office and clerical employees, and
all supervisory employees of the rank of second-hand and above. The
Company disagrees with the unit proposed by the Union in that it
would exclude truck drivers, yardmen, warehousemen, and firemen;
the Company would also exclude watchmen, while the Union took no
affirmative position with respect to these employees.
Truck drivers and yardmen: The truck drivers employed by the
Company drive the Company's trucks in the transportation of cotton,
cotton waste and garbage, and incidentally assist in the loading and
unloading of cotton and cotton waste. There are usually four truck
1 The Field Examiner reported that the Union submitted 631 membership cards ; that
there are approximately 1,000 employees in the appropriate unit; and that , of these cards,
1 was dated February 1945, 194 were dated May 1945, 388 were dated June 1945, 27
were dated July 1945 , and 21 were undated
ANCHOR DUCK MILLS 1081
drivers employed by Company, two on a shift. The truck drivers
work with helpers, who are classified as yardmen, and-are responsible
to the master mechanic-chief engineer.
The yardmen, or truck drivers' helpers, employed by the Company
are also engaged in-trucking cotton waste. In addition, they haul
wood to the village and boiler room.2 They, too, are responsible to
the master mechanic-chief engineer.
Inasmuch as there is controversy regarding the truck drivers, and
since their duties and interests apparently differ from those of the
other employees in the plant, we shall exclude them from the unit.' It
is clear that yardmen are closely aligned with truck drivers, and we
shall, therefore, also exclude them.
Warehousemen: The warehousemen "catch" the cotton on the plat-
form after it has been dumped from public transfer trucks, put it on
the scales to be weighed, and stack it in storage piles in the warehouse.
Warehousemen are under the immediate jurisdiction of the head ware-
housemen 4 From the foregoing, it appears that the duties and inter-
ests of these employees are identified with those of the production and
maintenance employees. We shall, therefore, include warehousemen
in the unit.
Firemen: The Company employs one fireman during the summer
months, and an extra one in the winter. The firemen are chiefly re-
sponsible for firing the boiler which is used for heating and processing
steam for the plant. It appears from the foregoing facts that the fire-
men have. a close community of interest with the other production and
maintenance employees. We shall include the firemen in the unit.
Watchmen: Although not uniformed, the watchmen employed by
the Company are armed and deputized. They guard against sabotage
and fire, check the identification of persons entering and leaving the
plant, and patrol and police the mill premises and the mill village.
Since it appears that the watchmen are monitorial in their relationship
to other employees, and are armed and deputized, we shall exclude
them from the unit.5
We find that all employees of the Company, including warehouse-
men, firemen, and the working supervisor in the respooling depart-
ment,e but excluding truck drivers, yardmen, watchmen, timekeepers,
office and clerical employees, all supervisory employees of the rank
of second hand and above, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
'Yardmen also clean the yard, the streets adjacent to the mill property , and the village
streets. At times, when the need arises , they serve as warehousemen.
See Matter of Adams-Millis Corporation , Plant Number 7, 63 N. L. R. B. 362.
The master mechanic-chief engineer has general supervision over them.
See Matter of Kelsey-Hayes Wheel Company, 62 N. L. R. B. 421; Matter of 1Jnterprise
Wheel & Car Corporation, 60 N. L . it. B. 1305.
6 This employee is not supervisory within the meaning of our usual definition.
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Eletion
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 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 Anchor Duck
Mills, Rome, Georgia, 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 Tenth 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 the 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 Amer-
ica, C. 1. 0., for the purposes of collective bargaining.
CHAIRMAN IIERZOG took no part in the consideratio i of the above
Decision and Direction of Election.