Aponaug Mfg. Co.

National Labor Relations Board - Board Decisions

Oct 23, 1941

36 N.L.R.B. 371 (N.L.R.B. 1941)

In the Matter of AroNAUG MFG. Co. and TEXTILE WORKERS UNION OI+`
AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZA-
TIONS
Case No. R-300..-Decided October 203, 1941
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance,
employees and watchmen, including the electrician, grinders and fixers, sec-
tion men, headslashers, learners and specifically named employees, and ex-
cluding second hands, office and clerical employees, and supervisory employees
having authority to hire and discharge.
Mr. David E. Crawley, of Kosciusko, Miss., for the Company.
Mr. H. S. Williams, of Huntsville, Ala., for the Textile Workers.
Mr. Paul D. Burdine, of Kosciusko, Miss., for the Federal Labor
Union.
Mr. Robert Fousek, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 11, 1941, Textile Workers Union of America, affiliated
with the Congress of Industrial Organizations, herein called the Tex-
tile Workers, filed with the Regional Director for the Fifteenth Region'
(New Orleans, Louisiana) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Aponaug Mfg. Co., Kosciusko, Mississippi, herein called the Company,.
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 43,
Stat. 449, herein called the Act. On August 11, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, ordered.
an investigation and authorized the Regional Director to conduct it,
and to provide for an appropriate. hearing upon due notice.
36 N. L. R. B., No. 73. '
371
I
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 26, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Textile
Workers, and upon Federal Labor Union #20850, affiliated with the
American Federation of Labor, herein called the Federal Labor
Union, a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was held
on September 10, 1941, at Kosciusko, Mississippi, before Charles A.
Kyle, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. All parties were represented by counsel or other official
representatives and participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During the
course of the hearing, the Company moved to strike certain testimony
introduced in an attempt to show that the Textile Workers was domi-
nated by the Company. The Trial Examiner reserved ruling on the
motion for the Board. The motion is hereby granted. The Trial
Examiner made other rulings on motions and on objections to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial errors were committed.
The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Mississippi Corporation, with its principal office
in Jackson, Mississippi. It operates at Kosciusko, Mississippi, a mill
for the manufacture of textile goods. The Company purchases an-
nually from points without the State of Mississippi approximately
$20,000 worth of raw materials for use in the mill. The Company
sells annually products manufactured at the mill valued at in excess
of $200,000, of which 80 per cent is sold and shipped to points outside
of the State of Mississippi.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS 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.
Federal Labor Union #20850 is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
APONAUG MFG. CO. 373
III. THE QUESTION CONCERNING REPRESENTATION
The Textile Workers and the Federal Labor Union each claim to
represent a majority of the employees of the Company at the Kos-
ciusko mill and the Company refuses to recognize either organiza-
tion, questioning the claim of each that it represents a majority.
Evidence introduced at the hearing discloses that both unions repre-
sent a substantial number of employees in the unit hereinafter found
to be appropriate.
We find that a question has arisen concerning the 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.
V. THE APPROPRIATE UNIT
The Textile Workers requests a unit composed of all production and
maintenance employees and watchmen, excluding second hands, office
and clerical employees, and supervisory employees having authority to
hire and discharge. The Federal Labor Union would exclude, in
addition to those employees listed above, an electrician, grinders and
fixers, section men, two of the men listed on the pay roll as windermen,
headslashers, and a designer. The Company asks to include in the
unit all employees other than those listed on the factory pay roll as
"supervisory." Second hands, the electrician, grinders and fixers, sec-
tion men, windermen, headslashers, and the designer are not listed on
the pay roll as supervisory employees.
There are five employees listed on the factory pay roll as second
hands.2 The Company would include and the unions would exclude
second hands. Second hands look after production. They see that
i There are approximately 515 employees in the unit hereinafter found to be appropriate.
The Textile workers submitted to the Trial Examiner 344 cards bearing apparently gen-
uine signatures , of which 183 contain names of persons on the Company 's pay roll of
July 26,' 1941 . All of the cards are dated in May and June 1941. The Federal Labor
Union submitted the records of the secretary showing that they have 197 persons as
members. The names of 147 of these persons appear on the Company's pay roll of July
26, 1941.
2 The pay roll lists the following employees as second hands : Cummings , Colston, Ross,
Minchew , Odom, and Taylor.
:374 DECISIONS OF NATIONAL "LABOR RELATIONS BOARD
other employees keep the machines in repair and also watch to deter-
mine that the machines are properly operated. Second hands place
other employees on machines according to instructions of the overseer.
We find that second hands are supervisory employees and shall exclude
them from the unit.3
The Federal Labor Union would exclude an electrician, grinders
and fixers, section men, two men listed as windermen, headslashers,
and a designer. The Company and the Textile Workers would include
these employees in the unit. The electrician, installs motors, keeps
them in repair, and does the general electrical work in the plant.
Occasionally, in taking down or setting up a heavy motor he is given
helpers. He has no power to hire or discharge employees, and when
the heavy jobs are over the helpers are returned to a master mechanic.
Grinders and fixers fix mechanical equipment in the plant and see that
machines are kept in operation. They may advise an operator how
to avoid an error which stops a machine, but any serious operating
difficulty is taken to an overseer. Section men do work very similar to
that of grinders and fixers. They fix machines in the spinning room.
They may call bad work to the attention of an overseer but they do
not have power to discharge. Bell and Summerlin are listed on the
pay roll as windermen. They assist in operating machines and also
fix machines if they become broken. There are other employees listed
on the pay roll'as windermen whom all parties agree to include. Bell
and Summerlin, in addition to fixing machines, also keep time. Head-
slashers are experienced men working slashing machines. Each head-
slasher has two helpers and together they operate the machines. Some
of the operations require the combined effort of two men. Head-
slashers have no power to hire or discharge employees, although they
may advise helpers how to perform difficult operations. We find that
none of the above employees exercise supervisory functions of such a
nature as would justify excluding them from the unit. We shall in-
elude the electrician, grinders and fixers, section men, Bell and Sum-
merlin, and headslashers in the unit ¢
Goldman is an employee doing work of a clerical nature. The
unions would exclude him and the Company takes no position. Gold-
man has a desk, checks supplies, and keeps an inventory. When
requested, Goldman obtains supplies, and carries them to the party
requesting them. His principal duty is to maintain on hand an ade-
8 See Matter of American Woolen Company and United Textile Workers of, America,
Local No. 2025, A. F. L., 32 N. L. R. B., No. 1.
* The following employees are included in the categories discussed above. Electrician,
U. L. Jones ; grinders and fixers, Rawson, Beecham, Chestnutt, Yeager, and West ; section
men, Paquinett , Stokes, E. D . Smith, Woods , and C. J. Ivey ; headslashers , Gilbert and
H. Ivey.
APONAUG MFG. CO. 375
quate supply of materials and to keep records thereof . We find that
Goldman is a clerical employee and shall exclude him from the unit.
J. Smith is a designer . The Company and the Textile Workers
would include him and the Federal Labor Union would exclude him
from the- appropriate unit. Smith designs all of the patterns for
the various products manufactured by the Company. He attends
supervisors ' meetings but only to advise upon problems incident to
designing . A witness for the Company testified that the Company
considered Smith a production employee. He is paid an hourly wage,
as are other production and maintenance employees . We find that
Smith is a production employee and shall include him in the unit.
The Company employs a group of employees called "learners."
These employees are on a 6 -week learning period and expect to continue
to work thereafter . We shall include them in the unit.
We find that all production and maintenance employees and watch-
men, including the electrician , grinders and fixers , section men, Bell
and Summerlin , headslashers , J. Smith , and "learners" of the Com-
pany at its Kosciusko plant, excluding second hands , office and clerical
employees , and supervisory employees having authority to hire and
discharge, constitute a unit appropriate for the purposes of collective
bargaining . We find, further , that such unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective bargaining and otherwise will effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that an election by secret ballot be held among those employees in the
appropriate unit who were employed by the Company during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions, subject to such limitations and additions as are set forth in
the Direction.
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 Aponaug Mfg. Co., Kosciusko , Mississippi,
within the meaning of Section 9 ( c) and Section 2 (6) and ( 7) of the
National Labor Relations Act.
2. All production and, maintenance employees , and watchmen, in-
cluding the electrician , grinders and fixers , section men , Bell and Sum-
376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
merlin, headslashers, J. Smith, and "learners," of the Company at
its Kosciusko plant, excluding second hands, office and clerical em-
ployees, and supervisory employees having authority to hire and
.discharge, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning 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, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, 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 Aponaug Mfg. Co., Kosciusko, Mississippi, 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 Sixth Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 9, of said Rules and Regulations, among
all production and maintenance employees and watchmen of the
Company at its Kosciusko plant, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing the electrician, grinders and fixers, section men, Bell and Summer-
lin, headslashers, J. Smith, "learners," and employees who did not
work during such pay-roll period because they were ill or on vacation
or in active military service or training of the United States, or tem-
porarily laid off, but excluding second hands, office and clerical employ-
ees, supervisory employees having the power to hire and discharge,
and employees who have since quit or been discharged for cause, to
determine whether said employees desire to be represented by Textile
Workers Union of America, affiliated with the Congress of Industrial
Organizations, or by Federal Labor Union #20850, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.
Mr. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.