Century Ribbon Mills, Inc.

National Labor Relations Board - Board Decisions

Aug 13, 1948

78 N.L.R.B. 933 (N.L.R.B. 1948)

In the Matter of CENTURY RIBBON MILLS, INC., EMPLOYER and EM-
PLOYEES OF CENTURY RIBBON MILLS, INC., PETITIONER and UNITED
CONSTRUCTION WORKERS, AFFILIATED WITH U. M. W. OF A., UNION
Case No. 5-RD-11.Decided August 13, 194.8
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, hearing in this case-
was held at Radford, Virginia, on June 23, 1948, before Howard A.
McIntyre, Jr., hearing officer.' At the hearing, the hearing officer
permitted the interrogation of the representative of the petitioning-
employees to show that the petition was instigated by the Employer,
and that with the knowledge and approval of the Employer, the peti-
tion was circulated during working hours among employees of the
Employer. A motion by the Union to dismiss the petition on the
ground that it was instigated by the Employer was referred by the
hearing officer to the Board. In accordance with our well established
practice of excluding from representation proceedings all matters-
relative to unfair labor practices, the Union's motion is denied. For-
the same reason, all testimony with respect to such matters is hereby
stricken from the record.2 The hearing officer's other rulings are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of-
the National Labor Relations Act.
2. The Petitioners, employees of the Employer, by their representa-
tive, Mrs. Andrew S. Ratcliffe, assert that the Union is no longer the-
representative of the employees as defined in Section 9 (a) of the,
amended Act.
The Union, a labor organization affiliated with United Mine Workers
of America, was established on May 13, 1947, in Case No. 5-R-2828,
'Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the-
National Labor Relations Board has delegated its powers in connection Kith this case to a
three-man panel consisting of the undersigned Board Members [ Houston, Reynolds, and'
Gray]
2 See Matter of Magnesium Casting Company , 76 N L R B . 251 ; Matter of Under--
writers Salvage Company of New fork, 76 N L R B. 601.
78 N. L. R B., No. 134.
933
798767-49-vol. 78-60
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pursuant to a consent election, as the exclusive bargaining representa-
tive of the Employer's employees at its plant in Radford , Virginia.3
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer , within the meaning of Section 9
( c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning of
Section 9 (b) of the Act:
All production and maintenance employees at the Employer's Rad-
ford, Virginia , plant including the shipping clerk , loom fixers , quillers,
machinists , and the janitor , and excluding office and clerical em-
ployees, inspectors , foremen, the quiller overseer and all supervisors,
guards, and professional employees as defined in the Act .4
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Century Ribbon Mills, Inc., Rad-
ford , Virginia , an election by secret ballot shall be conducted as early
as possible , but not later than 30 days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Fifth Region, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations-Series 5, among the
employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction of Election , including employees
who did not work during said pay-roll period because they were ill or
on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election , and also exclud-
ing employees on strike who are not entitled to reinstatement , to deter-
mine whether or not they desire to be represented , for purposes of col-
lective bargaining , by United Construction Workers, affiliated with
U. M. W. of A.5
3 The certification of the Union has not resulted in the execution of a bargaining agree-
ment with the Employer
"The unit is in substance the same unit as the one for which the Union was certified as
bargaining representative . The description has been changed slightly to conform with
the provisions of the amended Act
The parties disagreed regarding the status of Frank Mills , who is classified as a weaver,
and whom the Union contends is a supervisor -instructor Although a representative of
the Employer stated, that the Employer presently has no employees classified as instructors,
we are unable, on the record before us, to make a finding with respect to the unit placement
of Mills
i The Union has not complied with the registration and filing requirements of Section
9 (f) and (h) of the Act. Accordingly , in the event that the Union wins the election,
it will be certified only if at that time it is in compliance with such requirements . Absent
such compliance , the Board will only certify the arithmetical results of the election.
Matter of Harris Foundry if Machine Company, 76 N L R . B 118 ; Matter of Magnesium
Casting Company, 76 N. L R B. 251.