Aragon-Baldwin Cotton Mills

National Labor Relations Board - Board Decisions

Jan 4, 1939

10 N.L.R.B. 959 (N.L.R.B. 1939)

In the Matter of ARAGON-BALDWIN COTTON MILLS and TEXTILE
WORKERS' ORGANIZING COMMITTEE
Case No. R-1152.-Decided January 4, 1939
Textile Rayon Industry-Investigation of Representatives : controversy con-
cerning representation of employees : employer questions majority status of
union-Unit Appropriate for Collective Bargarnrng: production and maintenance
employees , excluding clerical and supervisory employees and watchmen ; stipu-
lation as to-Electron Ordered
Mr. Marion A. Prowell, for the Board.
Mr. W. B. Wilson, of Rock Hill, S. C., for the Company.
Mr. John K. Odisho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 30, 1938, Textile Workers' Organizing Committee,
herein called the T. W. 0. C., filed with the Regional Director for
the Tenth Region (Atlanta, Georgia) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Aragon-Baldwin Cotton Mills, Rock Hill, South
Carolina, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On November 22, 1938, 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 1, as amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On November 29, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the T. W. O. C. Pursuant to the notice, a hearing was held
on December 12, 1938, at Rock Hill, South Carolina, before Charles
W. Whittemore, the Trial Examiner duly designated by the Board.
The Board and the Company were represented by counsel and the
T. W. 0. C. by its representative; all participated in the hearing.
10 N. L. R. B., No. 88.
959
'960 NATIONAL LABOR RELATIONS BOARD
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all par-
ties. During the course of the hearing the Trial Examiner made
several rulings 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
Aragon-Baldwin Cotton Mills is a South Carolina corporation,
having its principal office at Greenville, South Carolina. It is en-
gaged in the operation of two textile mills located respectively at
Rock Hill and at Whitmire, South Carolina. This proceeding in-
volves only the employees of the Company's Rock Hill plant which
manufactures spun rayon cloth.
Between May 1, 1938, and October 1, 1938, the Company used
approximately 1,378,000 pounds of raw materials valued at approxi-
mately $344,500, and consisting principally of rayon cut fiber.
About 95 per cent of such raw materials were delivered to the Rock
Hill plant from points outside the State of South Carolina. During
the same period the Company produced approximately 1,300,000
pounds of cloth valued at approximately $741,000, of which about
95 per cent was shipped from the Rock Hill plant to points outside
the State of South Carolina. At the time of the hearing, the Rock
Hill plant employed approximately 541 persons.
IT. THE ORGANIZATION INVOLVED
Textile Workers' Organizing Committee is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership all production and maintenance employees of the
Company excluding clerical and supervisory employees and watch-
men.
111. THE QUESTION CONCERNING REPRESENTATION
By letter dated August 15, 1938, the T. W. O. C. requested the
Company to recognize it as the exclusive bargaining agency of em-
ployees of the. Rock Hill plant. By letter dated August 25, 1938,
the Company refused this request. At the hearing, the Company
contended that the T. W. O. C. does not represent a majority of the
employees within an appropriate unit. We find that a question has
arisen concerning the representation of employees of the Company
at its Rock Hill, South Carolina, plant.
DECISIONS AND ORDERS 961
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties stipulated that all the production and
maintenance employees of the Rock Hi11 plant, excluding clerical
and supervisory employees and watchmen, constitute an appropriate
bargaining unit. We see no reason to alter the agreed unit.
We find that the production and maintenance employees of the
Company at its Rock Hill, South Carolina, plant, excluding clerical
and supervisory employees and watchmen, constitute a unit appro-
priate for 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 effectu-
ate the policies of the Act.
All. THE DETERMINATION OF REPRESENTATIVES
At the hearing the T. W. 0. C. claimed to represent a majority of
the employees within the unit we have found to be appropriate but
offered no proof of its contention. We find that the question which
has arisen concerning the representation of employees of the Com-
pany can best be resolved by an election by secret ballot. The par-
ties agreed at the hearing that, in the event the Board should direct
an election, the eligibility of employees to participate therein should
be determined by the Company's pay roll of December 3, 1938. Na
reason appears for departing from the wishes of the parties in this
regard. Accordingly, we find that those employees of the Company
within the appropriate unit who were on the Company's pay roll on
December 3, 1938, shall be eligible to vote, excluding such as have
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 Aragon-Baldwin Cotton Mills, Rock Hill,
South Carolina, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
962 NATIONAL LABOR RELATIONS BOARD
2. The production and maintenance employees.of the Company at
its Rock Hill, South Carolina, plant, excluding clerical and super-
visory employees and watchmen, constitute a unit appropriate for
the purposes of collective 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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DiRECrEO that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Aragon-Baldwin Cotton Mills, Rock Hill, South Carolina,
an election by secret ballot shall be conducted within fifteen (15)
days from the date of this Direction of Election under the direc-
tion and supervision of the Regional Director for the Tenth Re-
gion, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among all the production and maintenance employees whose
names appear on the Company's pay roll of December 3, 1938, ex-
cluding clerical and supervisory employees, watchmen, and all em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by the Textile
Workers' Organizing Committee, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.
[SAME TITLE
AMENDMENT TO DIRECTION OF ELECTION
January 16, 1939
On January 4, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in
the above-entitled proceeding. The Direction of Election provided
that an election be held within fifteen (15) days from the date of the
Direction, under the direction and supervision of the Regional Di-
rector for the Tenth Region (Atlanta, Georgia). At the request of
Textile Workers' Organizing Committee, herein called the Union, we
shall postpone the election for the present.
The Board hereby amends the Direction of Election by striking
therefrom the words "within fifteen (15) days from the date of this
Direction" and substituting therefor the words "at such time as the
Board may in the future direct."
10 N. L . R. B, No. 88a.