Caroline Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 20, 1945

60 N.L.R.B. 1358 (N.L.R.B. 1945)

In the Matter of CAROLINE MILLS, INC. and TEXTILE WORKERS UNION
OF AMERICA, C. I. O.
Case No. 10-R-1383.-Decided March 20, 1945
Messrs. Shirley C. Boykin, and P. L. Shae f er, of Carrollton, Ga.,
for the Company.
Messrs. H. W. Denton, and W. F. Baker, of Atlanta, Ga., and Mr.
V. D. Smith, of Carrollton, Ga., for the Union.
M4'. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Caroline Mills, Inc., Carrollton, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Albert D. Maynard, Trial Examiner.
Said hearing was held at Carrollton, Georgia, on December 29, 1944.
The Company and the Union appeared, participated, and were af-
forded 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 opportu-
nity 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
Caroline Mills, Inc., is a Georgia corporation operating a plant
at Carrollton, Georgia, where it is engaged in the manufacture of
' On January 9, 1945, the Board, at the request of the Union, ordered that the record
be reopened on March 3, 1945, the Union requested leave to withdraw its request, which
is hereby granted. Accordingly, the order reopening is revoked.
60 N. L. R. B., No. 238.
1358
CAROLINE MILLS, INC. 1359
cotton yarn and synthetic fibre. During its fiscal year ending June
30, 1044, the Company purchased raw materials valued at approxi-
mately $500,000, about 50 percent of which was shipped to it from
points outside the State of Georgia. During the same period, the
Company manufactured products valued at about $800,000, approxi-
mately 75 percent of which was shipped to points outside the State
of Georgia. -
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees within the unit hereinafter found to be appro-
priate.2
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. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all em-
ployees of the Company at Carrollton, Georgia, excluding clerical and
office employees, shipping clerks, superintendents, assistant superin-
tendents, section hands, overseers, master mechanic and fireman, anal
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employ-
ees, or effectively recommend such action, constitute a unit appropriate
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 means of an election by secret ballot among
2The report of the Field Examiner shows that the Union submitted 97 membership
application cards There are approximately 195 employees in the appropriate unit
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employees in the appropriate unit who were employed during the
pay-roll period, immediately preceding- the date of the Direction of
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 Rela-
tions 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 Caroline Mills,
Inc., Carrollton, Georgia, an election by secret ballot shall be conducted
as early as possible, but not later than sixty (60) days from the date
of this Direction, 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, 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 includ-
i,ng 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 have not been rehired or rein-
stated prior to the date of the election, to determine whether or not they
desire to be represented by Textile Workers Union of America, C. I. 0.,
for the purposes of collective bargaining.