Borden Mills, Inc.

National Labor Relations Board - Board Decisions

May 12, 1941

31 N.L.R.B. 767 (N.L.R.B. 1941)

In the Matter of BORDEN MILLS, INC., and TExTIIE WORKERS UNION OF
AMERICA
Case No. R-2384.Decided May 10,, 1941
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: par-
ties stipulated that the Company will not recognize either of rival unions
until such union is certified by the Board ; pay roll prior to shut-down agreed
to by parties to determine eligibility, election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including fixers, loom fixers, and section men, but excluding clerical
and other supervisory employees; agreement as to.
Mr. George E. Pecan, Jr., of Kelly, Penn & Hunter, of Kingsport,
Tenn., for the Company.
Mr. C.'D. Puckett, of Kingsport, Tenn., for the C. I. O.
Mr. Gordon L. Chastain, Mr. Robert W. Donnahoo, of Spartanburg,
S. C., and Mr. Joseph A. Padway, by Mr. Herbert Thatcher, of Wash-
ington, D. C., for the A. F. of L.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 25, 1941, Textile Workers Union of America, affiliated
with the Congress of Industrial Organizations, herein called the
C. I. 0., filed with the Regional Director for the Tenth Region (At-
lanta, Georgia) a petition alleging that a question affecting coin-
merce had arisen concerning the representation of employees of Bor-
den Mills, Inc., Kingsport, Tennessee, 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 24, 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 La-
bor Relations Board-Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to con-
31 N. L. R. B., No. 128.
767
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duct it and to provide for an appropriate hearing upon due notice.
On February 25, March 3 and 8, 1941, the Regional Director issued a
notice and amended notices of hearing, copies of which were duly
served upon the Company, the C:' -1. O.,-and United'_Textile- Workers
of America, affiliated with the American Federation of Labor, herein
called the A. F. of L., a labor organization claiming to represent em-
ployees affected by the investigation. -
Pursuant to notice, a hearing was held on March 14, 1941, at Kings-
port, Tennessee, before John C. McRee, the Trial Examiner duly
designated by the Chief Trial Examiner. At the commencement-of
the hearing, the A. F. of L. moved to intervene in the proceeding,
and the Trial Examiner granted the motion.' The Company was
represented by counsel, the C. I. O. and A. F. of L. by representa-
tives, and all participated in, the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence. bearing on the issues was afforded all parties. The Board has
reviewed the rulings of the Trial Examiner on motions and on ob-
jections to the admission of evidence and finds that iio prejudicial
errors were committed. The rulings are hereby affirmed.
Pursuant to notice, a hearing for the purpose of oral argument
was held before the Board at Washington, D. C., on March 24, 1941.
The A. F. of L. appeared by counsel and participated in the oral
argument.
Upon the entire record in the case, the Board makes the following :
FINDING OF FACTS
1. THE BUSINESS OF THE COMPANY
Borden Mills, Inc., is a Massachusetts corporation engaged in
the manufacture and sale of unbleached cotton cloth at its textile
mill in Kingsport ,' Tennessee . The principal material used in its
manufacturing process - is raw cotton , of which the Company consumes
approximately 500 bales weekly , averaging 500 pounds per bale.
More than 90 per cent of the cotton is shipped to the mill from points
outside Tennessee . The,Company produces approximately 230,000
pounds of cloth weekly, and its annual sales aggregate approximately
3 million dollars . More than 99 per cent of its output is shipped
to customers outside'Tennessee . For the purpose of this proceeding,
the Company admits that it is engaged in interstate commerce within
the meaning, of the Act.
1 The A. F. of I. contended that the Board should not direct an election because the Com-
pany had not yet complied with a Board order to reinstate two employees found to have
been discriminatorily discharged. See Matter of Borden Mills, Inc. and Textile Workers
Union of America, 13 N. L. R. B. 459. This contention is now moot, since the Company has
signed and put into execution a Board-approved stipulation in settlement of the complaint
case.
1
BORDEN MILLS , INC. 769
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to mem-
-bership employees of the Company.
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
All parties stipulated and we find that the Company has taken
the position that it cannot recognize either the C. I. O. or the A. F. of
L. unless and until such union is certified as exclusive bargaining
agent by the Board. From statements by the Regional Director, the
Trial Examiner, and a union representative,' it appears that the
C. I. O. and the A. F. of L. have substantial representation among
employees of the Company.2
We find that a question has arisen concerning 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, occuring 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
All parties agreed that the appropriate unit should' consist of
all production and maintenance employees of the Company, exclusive
of clerical and supervisory employees. The agreed unit is the same
as that found to be appropriate in 'the former proceeding mentioned
above,' except that both the C.'I. O. and the A. F. of L. request the
inclusion in the unit of three categories of employees whom the
Board excluded from the unit in the previous proceeding because
2 There were approximately 1,200 employees on the Company' s pay roll of February 8,
1941. The Regional Director and the Trial Examiner reported that the C. I. 0 possessed
sinned authorization cards from 650 employees dated bete een August 1940 and March 1941.
The Regional Director reported that the A F of L had signed authorization raids from
196 employees , dated between January and February 1941, and an A. F.-of L. representa-
tive stated at the hearing that the A F. of L. had secured- 150, additional cards
See footnote 1, supra.
770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
it found them to be supervisory employees, namely, fixers, loom
fixers, and section men. The Company, the C. I.0., and the A. F. of L.
agree in claiming that these employees are not supervisory employees,
and both unions are presently admitting them to membership. The
Board's finding as to the supervisory character of these employees
cannot, of 'course, be altered by agreement, of the parties. Since
the Company and the unions urge their inclusion, however, we in-
terpret this to mean that they desire fixers, loom fixers, and section
men to be included even though the Board considers them supervisory
employees. Under the circumstances, we, shall include these em-
ployees in the unit.
We find that all production and maintenance employees of the Com-
pany, including fixers, loom fixers, and section men, but excluding
clerical and other supervisory employees, constitute a unit appropriate
for the purposes of collective bargaining and that the said unit will
insure to the employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effec-
tuate 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. Because
the Company's plant was shut do`vn at the time of hearing, all parties
agreed that eligibility to vote in the election should be determined by
the payroll for the period ending February 22, 1941, the last pay
roll prior to the shut-down. We see .no reason to depart from the
agreement of the parties, and we shall therefore direct that those
eligible to vote in the election shall be all employees in the appropri-
ate unit who were mimed on the Company's pay roll for the pay-
roll period ending February 22, 1941, 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 Borden Mills, Inc., Kingsport, Tennessee,
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,
including fixers, loom fixers, and section men, but excluding clerical
and other supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
BORDEN MILLS, INC.
DIRECTION OF ELECTION
771
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 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 Direction, under the direction
and supervision of the Regional Director for the Tenth Region, act=
ing 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 of Borden Mills, Inc., Kings-
port, Tennessee, whose names appear on the pay roll of the Com-
pany for the pay-roll period ending February 22, 1941, including
fixers, loom fixers, section men, and employees who did not work dur-
ing said pay-roll period because they were ill, on vacation, in the
active military service or training of the United States, or temporarily
laid off, but excluding clerical and other supervisory, employees, and
excluding employees who have since quit or been discharged for cause,
to determine whether they desire to be represented for the purposes of
collective bargaining by Textile Workers Union of America, affiliated
with the Congress of Industrial Organizations, by United - Textile
Workers of America, affiliated with the American Federation of
Labor, or by neither.
4 4 134 3=4 2-vol. 31--50
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