Bonham Cotton Mills Inc.

National Labor Relations Board - Board Decisions

Aug 25, 1945

63 N.L.R.B. 542 (N.L.R.B. 1945)

In the Matter of BONHAM COTTON MILLS INC. and TEXTILE WORKERS
UNION OF AMERICA, CIO
Case No. 16-B-1363.-Decided August 25,1945
Samuel, Brown, Herman rC Scott, by Mr. John M. Scott, of Fort
Worth, Tex., for the Company.
Mr. H. E. Moore, of Dallas, Tex., and Mr. C. C. Niles, of Hillsboro,
Tex., for the Union.
Mr. David V. Easton, 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,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Bon-
ham Cotton Mills Inc., Bonham, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William J. Scott, Trial Examiner.
Said hearing was held at Bonham, Texas, on July 11, 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
an opportunity to file briefs with the Board.
Upon'the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bonham Cotton Mills Inc., a Texas corporation with its principal
offices and only mill located in Bonham, Texas, is engaged in the manu-
facture and sale of narrow sheeting and drills, products which are sold
principally to firms engaged in processing industrial fabrics. During
G3 N. L. R. B., No. 85.
542
BONHAM COTTON MILLS INC. 543
the past year, the Company has purchased raw materials, machinery
and parts, valued at approximately $50,000, from points outside the
State of Texas. During the same period the products of the Company,
valued at $1,099,676, were sold outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. 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. THE 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 Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial 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 Section 2 (6) and (7) of the Act.
IV. TILE APPROPRIATE UNIT
Substantially in accord with the agreement of the parties, we find
that all production and maintenance employees of the Company,
including the watchman and packing clerk,' but excluding office and
clerical employees, overseers, second hands, shipping clerk, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
1 The Field Examiner reported that the Union submitted 179 designations , 163 of which
bore the names of persons appearing on the Company 's pay roll of May 12, 1945, which
Contained the names of 294 employees in the appropriate unit.
2 Grace Culberson.
544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 Bonham Cotton
Mills Inc., Bonham, Texas, an election by secret ballot shall be con-
ducted 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 Sixteenth 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 who have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Textile Workers
Union of America, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining.