Borden Mills Inc.

National Labor Relations Board - Board Decisions

Jun 26, 1941

32 N.L.R.B. 1270 (N.L.R.B. 1941)

In the Matter of BORDEN MILLS, INC. and TEXTILE WORKERS UNION
OF AMERICA
Case No. 8-2384
SUPPLEMENTAL DECISION
AND
ORDER
June 26,1941
On May 12, 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 May 23, 1941, at Kingsport, Tennessee, under the direc-
. tion and supervision of the Regional Director for the Tenth Region
(Atlanta, Georgia). On May 27, 1941, the Regional Director, acting
pursuant 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.
As to the balloting and its results, the Regional Director reported as
follows:
Total number eligible______________________________________ 1126
Total ballots cast_________ ________________________________ 815
Total number of ballots cast for Textile Workers Union of
America, affiliated with C. I. 0. ___________________________ 356
Total number of ballots cast for United Textile Workers of
America, affiliated with A. F. L. __________________________ 72
Total number of ballots for neither_________________________ 376
Total number of challenged ballots------. ------------------ 4
Total number of void ballots_______________________________ 6
Total number of blank ballots______________________________ 1
No objections to the conduct of the ballot or to the Election Report
were filed by any of the parties. On May 26, 1941, Textile Work-
ers Union of America, affiliated with the Congress of Industrial
Organizations, requested a run-off election.
The results of the election show that irrespective of the determina-
tion of the validity of the challenged ballots, no collective bargaining
representative has been selected by a majority of the employees of
131 N. L. R. B. 767.
32 N. L. R. B., No. 181.
1270
BORDEN MILLS, INC. 1271
Borden Mills, Inc., Kingsport, Tennessee, in the unit heretofore
found to be appropriate for the purposes of collective bargaining,
and that a plurality of valid ballots was cast for neither union. Un-
der the circumstances, we shall dismiss the petition for investigation
and certification of representatives.'
ORDER
By virtue of 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,
the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
Borden Mills, Inc., Kingsport, Tennessee, filed herein, be, and it
hereby is, dismissed.
MR., EDWIN S. SMITH dissenting :
A majority of the employees voting in the election have indicated
their desire to bargain, collectively with Borden Mills, Inc. I would,
therefore, in accordance with the request of Textile Workers Union
of America, direct a run-off election in which the employees in ques-
tion would be given an opportunity to decide whether they desire to
be represented for purposes of collective bargaining by Textile Work-
ers Union of America or by United Textile Workers of America"
2 Matter of General Motors Corporation ( Deloo-Remy Division) and International
Union, U. A. W. A., et al., 25 N. L. R. B. 258; Matter of Emil J. Paidar Company and
United Furniture Workers of America, etc., et al., 26 N. L. R. B. 1486.
8 See cases cited in Matter of General Motors Corporation (Deloo-Remy Division) and
International Union, U. A. W. A., et al., 25 N. L. R. B. 258; and Matter of Aluminum
Company of America and International Union, United Automobile Workers of America,
Alcoa Unit No. 808, 32 N. L. R. B. 235.