Asheville Cotton Mills

National Labor Relations Board - Board Decisions

Mar 3, 1941

30 N.L.R.B. 43 (N.L.R.B. 1941)

In the Matter of ASHEVILLE COTTON MILLS and LOCAL UNION #2603,
U. T. W. A.
Case No. R-2322.-Decided March 3, 1941
Jurisdiction : textile manufacturing Industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition in the absence of a certification by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees exclusive of clerical and supervisory employees, watchmen, and firemen ;
agreement as to.
Harkins, Van Winkle, cC Walton, by Mr. Thomas J. Harkins, of
Asheville, N. C., for the Company.
Mr. Gordon L. Chastain, and Mr. John W. Pollard, of Spartan-
burg, S. C., for the United.
Mr. William T. Little, of counsel to'the Board.
DECISION
AND
DIRECTION ,OF ELECTION
STATEMENT OF THE CASE
On January 3, 1941, Local Union #2603,'United Textile Workers
of America,' herein called the United, filed with the Regional Direc-
tor for the Fifth Region (Baltimore, Maryland) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Asheville Cotton Mills, Asheville, North
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
February 4, 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 Regula-
tions-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. On February 6, 1941, the Regional Direc-
3 Designated as Local Union # 2603 , U. T. W. A., in the petition.
30 N L R. B., No. 6.
43
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tor issued a notice of hearing, copies of which,were duly served upon
the Company and the United.
Pursuant to notice, a hearing was held on February 14, 1941, at
Asheville, North Carolina, before Robert W. Knadler, the Trial Ex-
aminer duly designated by the Board. The Company was represented
by counsel, the United by its representatives, and both participated in
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. During the course of the hearing, the Trial
Examiner made several 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
I. THE BUSINESS OF THE COMPANY
Asheville Cotton Mills, a corporation with its principal office
and place of business located at Asheville, North Carolina, is en-
gaged in the manufacture of cotton cloth. In 1940 it purchased
raw materials valued at approximately $300,000, and manufactured
finished products valued at approximately $650,000. Approximately
80 per cent of the raw materials originated outside the State of North
Carolina, and about 98 per cent of the finished products were shipped
outside the State of North Carolina. The Company admits that it
is engaged in commerce within the meaning of Section 2 (6) and (7)
of the Act.
II. THE ORGANIZATION INVOLVED
Local Union $2603, United Textile Workers of America, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About January 1, 1941, the United 'requested recognition as the
exclusive bargaining representative of the Company's employees.
The Company refused to grant exclusive recognition to the United
in the absence of a certification by the Board.
A statement prepared by the Regional Director and introduced in
evidence shows that the United represents a substantial number of
employees in the unit found below to be appropriate.2
2 The Regional Director 's report shows that 217 employees of approximately 286 em-
ployees on the December 7, 1940, pay roll of the Company had signed authorization cards
for the United.
ASHEVILLE COTTON MILLS 45
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the United agreed at the hearing that the
appropriate unit should consist of all production and maintenance
employees of the Company, exclusive of clerical and supervisory
employees, watchmen, and firemen. We see no reason for departing
from the desires of the parties.
We find that all production and maintenance employees of the
Company, excluding clerical and supervisory employees, watchmen,
and firemen, constitute a unit appropriate for the purposes of
collective bargaining, and that such unit will insure to employees
of the Company the full benefit of their right to self-organization and
to collective bat-gaining and otherwise 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. The
parties agreed at the hearing that in the event the Board directed
an election, eligibility to vote should be determined by the Company's
pay roll of December 7, 1940. We see no reason , however, and none
was offered at the hearing, for not adopting a more current eligi-
bility date. We find that the employees of the Company eligible
to vote in the election shall be those in the appropriate unit whose
names appear on the Company 's, pay roll immediately preceding the
date of the Direction of Election herein, including employees who
did not work during such pay-roll period because they were ill or
on vacation, and employees who were then or have since been tem-
porarily laid off, but 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 :
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Asheville Cotton Mills, Asheville, North
Carolina, 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 of the Company,
excluding clerical and supervisory employees, watchmen, and fire-
men, 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 Re-
lations Act, and pursuant to Article III, Section 8, of National
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 bargain-
ing with Asheville Cotton Mills, Asheville, North Carolina, an elec-
tion by secret ballot shall be conducted as early as- possible, but not
later than thirty (30) days from the date of this Direction of Elec-
tion, under the direction and supervision 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, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees of the Company who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during such pay-roll period because
they were ill or on vacation, and employees who were then or have
since been temporarily laid off, but excluding supervisory and clerical
employees, watchmen and' firemen, and employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Local Union #2603, United Textile
Workers of America, for the purposes of collective bargaining.
[SAME TITLE ]
CERTIFICATION OF REPRESENTATIVES
April 7, 1941
On March 3, 1941, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on March 21, 1941, under the direction and super-
vision of the Regional Director for -the Fifth Region (Baltimore,
Maryland). On March 22, 1941, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties his Election Report. No objections to the conduct
of the ballot or the Election Report have been filed by any of the
parties.
As to the balloting and its results, the Regional Director reported
as follows:
Total on eligibility list-------------------------------------- 297
Total ballots cast------------------------------------------- 287
Total ballots challenged----------------`--------------------- 0
Total blank ballots------------------------------------------ 1
Total void ballots-------------- -------- ----------- ---------- 0
Total valid votes cast ------------- -------- --------------- --- 286
Votes cast for Local union #2603, United Textile Workers of
America (A F L) --------------------------------------- 278
Votes cast against Local Union #2603, United Textile Workers
of America (A F L.) ------------------------------------ 8
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, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended,
IT IS HEREBY CERTIFIED that Local Union #2603, United Textile
Workers of America; has been designated and selected by a majority
of all production and maintenance employees of Asheville Cotton
47
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Mills, Asheville, North Carolina, excluding clerical and supervisory
employees, watchmen, and firemen, as their representative for the
purposes of collective bargaining, and that, pursuant to Section 9- (a)
of the National Labor Relations, Act, Local Union #2603, United
Textile Workers of America, is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
30 N. L. R. B., No. 6a.