Borden Mills, Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1940

22 N.L.R.B. 1014 (N.L.R.B. 1940)

In the Mattel' of BORDEN MILLS, INC. and TEXTILE WORKERS UNION OF
AMERICA
Cases Nos. C-763 and R-769
SUPPLEMENTAL DECISION
AND
AMENDED DIRECTION OF ELECTION
April 17,1940
On July 1, 1939, the National Labor Relations Board, herein called
the Board, issued its Decision, Order, and Direction of Election in the
above-entitled proceeding.1 The Direction of Election provided that.
an election by secret ballot be conducted, at such time as the Board
should thereafter direct, among the production and maintenance em-
ployees of Borden Mills, Inc., Kingsport, Tennessee, herein called the
Company, employed by the Company during a pay-roll period subse-
quently to be specified by the Board, excluding clerical and supervisory
employees, overseers, second hands, section men, loom fixers, fixers, and
employees who at or before the time of such election should have quit
or been discharged for cause, but including employees not working
during such pay-roll period because they were ill or on vacation, and
including William Heath and George Absher, to determine whether
or not they desired to be represented by Textile Workers Union of
America, affiliate of the Congress for Industrial Organization, herein
called the Union, for the purpose of collective bargaining.
The Board has been informed by the Regional Director for the
Tenth Region that the Union desires that an election be held at the
earliest possible date. The purpose of delaying the election directed on
July 1, 1939, was to allow time for the dissipation of the effects of the
unfair labor practices in which the Company had engaged in order
that the election should constitute a free expression of the employees'
i 13 N L R B. 459. On July 25, 1939, the Board served notice on all parties that
unless within 10 days of service of that notice objection should be filed with the Board
it would, and, when no such objections were filed, it did issue a Supplemental Order
changing the title of these cases to that given in the above caption and substituting in
paragraph 1 (a) of the Board's Order and in its Direction of Election the words "Textile
Woikers Union of American, affiliate of the Congress for Industrial Organization," for
the words, "Textile Workers Organizing Committee, affiliated with the Committee for
Industrial Organization "
22 N. L. R. B., No. 81.
1014
BORDEN MILLS, INCORPORATED 1015
choice. Although there has been no report that the Company has com-
plied with our Order, the Union apparently is of the opinion that a fair
election can now be held. We see no reason for not granting its re-
quest. We shall direct that employees who were in the appropriate
unit during the pay-roll period immediately preceding the date of this
Amended Direction of Election shall be eligible to vote.
AMENDED 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, 49 Stat. 449, 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 bargaining
with Borden Mills, Inc., Kingsport, Tennessee, an election by secret
ballot shall be conducted as early as possible but not later than thirty
(30) days from the date of this Amended Direction of Election 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, Section 9, of said Rules and Regula-
tions, among all the production and maintenance employees of Borden
Mills, Inc., employed by that Company during the pay-roll period im-
mediately preceding the date of this Amended Direction of Election,
excluding clerical and supervisory employees, overseers, second hands,
section men, loom fixers, fixers, and employees who have since quit or
been discharged for cause, but including employees not working dur-
ing such pay-roll period because they were ill or on vacation and
including William Heath and George Absher, to determine whether
or not they desired to be represented by Textile Workers Union of
America, affiliate of the Congress for Industrial Organization, for the
purposes of collective bargaining.