Clifton Manufactoring Co.

National Labor Relations Board - Board Decisions

Oct 4, 1938

9 N.L.R.B. 13 (N.L.R.B. 1938)

In the Matter of CLIFTON MANUFACTURING COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Cases Nos. R-989 and R-990-Decided October 4, 1938
Textile Industry-Investigation of Representatives: controversy concerning
representation of employees : employer's refusal to recognize union as exclusive
bargaining agent-Units Appropriate for Collective Bargaining: all production
and maintenance employees at each of two plants, including watchmen and
employees who occupy position of section hand or under, and excluding clerical
and supervisory employees and all employees who occupy position of second
hand or higher ; plant units ; stipulation as to-Election Ordered
Mr. Marion F. Prowell, for the Board.
Mr. L. W. Perrin, and Mr. Horace L. Bomar, Jr., of Spartanburg,
S. C., for the Company.
Mr. C. L. Gibson, of Spartanburg, S. C., for the T. W..O. C.
Mr. Allan Lind, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 22, 1938, Textile Workers Organizing Committee, herein
called the T. W. O. C., filed with the Regional Director for the Tenth
Region (Atlanta, Georgia) two separate petitions alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of Clifton Manufacturing Company, Clifton, South Caro-
lina, herein called the Company, and requesting investigations and
certifications of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On July 12, 1938, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
ill, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, ordered investigations and authorized
the Regional Director to conduct them and to provide for appro-
priate hearings upon due notice; and, acting pursuant to Article III,
'Section 10 (c) (2), of said Rules and Regulations, further ordered
9 N. L. R. B., No. F.
13
14 NATIONAL LABOR RELATIONS BOARD
that the proceedings be consolidated for purposes of hearing and that
one record of the hearing be made.
On August 1, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
T. W. O. C . Pursuant to the notice , a hearing was held on August
11, 1938, at Spartanburg , South Carolina , before Walter Wilbur,
the Trial Examiner duly designated by the Board. The Board, the
Company, and the T . W. O. C. were represented by counsel and par-
ticipated in the hearing . Full opportunity to be heard , to examine
and cross -examine witnesses , and to introduce evidence bearing on
the issues was afforded all parties . During the course of the hearing
the Trial Examiner made several rulings on motions and on objec-
tions to the admission of evidence . The Board has reviewed these
rulings and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Clifton Manufacturing Company is a South Carolina corporation
engaged in the manufacture of cotton goods. It operates three
separate plants within the vicinity of Clifton , South Carolina.
Plant No. 1 is located at Clifton , South Carolina . Plant No. 2
is located about a mile from Plant No. 1. Plant No. 3 is located at
Condor , in Spartanburg County, South Carolina , about a mile and
a half from Plant No. 1. The present proceeding involves only the
employees at Plant No. 1 and Plant No. 2.
At Plant No. 1 the Company manufactures heavy drills and sheet-
ing. The average volume of raw cotton used at this plant is 8,000
bales per year , valued at approximately $400,000. Seventy-five per
cent of the cotton used is purchased from producers in South Caro-
lina. Twenty -five per cent is purchased from cotton producers in
Georgia, Alabama, Mississippi , Oklahoma, and Arizona . The aver-
age annual volume of finished products manufactured at Plant No. 1
is 4,844 ,288 pounds , valued at approximately $1,110,238. The prod-
ucts of this plant are sold through the commission merchants , South-
eastern Cottons , Inc., New York City. Goods are billed and shipped
to customers under the direction of this selling agent. The market
for the products of this plant includes practically all the States in
the Union . The principal cities in the United States to which the
goods manufactured in this plant are shipped are New York, Boston,
St. Louis, Chicago , and San Francisco . It was estimated that 90
DECISIONS AND ORDERS - 15
per cent of the finished products ultimately pass to consumers in
States other than South Carolina and that 5 per cent of the finished
products are shipped to foreign countries. During the normal season
the Company employs approximately 435 employees at Plant No. 1.
At Plant No. 2 the Company manufactures print cloths ' and light
sheeting. The sources of the raw material, cotton, are the same
as for Plant No. 1. The volume of raw cotton used in this plant is
approximately 6,600 bales per annum, of an estimated value of $330,-
000. The approximate volume of the manufactured products per
annum is 2,884,317 pounds, valued at approximately $807,157. The
market for the products of Plant No. 2 and the sales method used to
dispose of the goods are the same as for Plant No. 1, except that no
goods are shipped in foreign commerce. During the normal season
the Company employs approximately 275 employees at Plant No. 2.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization , admitting
to its membership production and maintenance employees of the
Company , exclusive of clerical and supervisory employees.
III. THE QUESTIONS CONCERNING REPRESENTATION
Since August 12, 1937, the T. W. O. C. has claimed to represent a
majority of the Company's production employees in Plant No. 1
and Plant No. 2, respectively. At a conference with- the Company
the T. W. O. C. requested the Company to recognize it as the exclu-
sive bargaining- agency for the employees at each of these plants.
The Company, while recognizing, the T. W. O. C. as .the bargaining
agency for its members, refused, and continues to refuse , to recog-
nize it as the exclusive bargaining agency for the employees in either
plant.
We find that questions have arisen concerning representation of
the employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the-questions concerning representation which have
arisen, occurring in connection with the operations of the • Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and' obstructing commerce
and the free flow of commerce.
16 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNITS
At the hearing, the T. W. O. C. and the Company agreed (1) that
all the production and maintenance employees at Plant No. 1, exclu-
sive of clerical and'supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining, and (2) that the
same classes of employees at Plant No. 2 constitute a unit appropriate
for the purposes of collective bargaining. It was also agreed that
all employees who occupy the position of second hand, or higher,
are expressly excluded from the units ; and that all watchmen and
employees who occupy the position of section hand, or under, are
expressly included in the units. Employees occupying positions as
second hands or higher are apparently considered supervisory em-
ployees. We see no reason for departing from the units agreed upon
by the T. W. 0. C. and the Company.
We find that all production and maintenance employees of the
Company at Plant No. 1, including watchmen and employees occu-
pying the position of section hand or under, and excluding clerical
and supervisory employees and employees who occupy the position
of second hand or higher, constitute a unit appropriate for the pur-
pose of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
' " We find that all production and maintenance employees of the
Company at Plant No. 2, including watchmen and employees occu-
pying the position of section hand or under, and excluding clerical
and supervisory employees and employees who occupy the position
of second hand or higher, constitute a unit appropriate for the pur-
pose of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
W. THE DETERMINATION OF REPRESENTATIVES
At the hearing the T. W. 0. C. claimed to represent a majority
of the Company's employees at Plant No. 1 and Plant No. 2, re-
spectively. A representative of the T. W. 0. C. testified that approxi-
mately 70 per cent of the employees at Plant No. 1, and approxi-
mately 75 per cent of the employees at Plant No. 2, had signed
application cards designating the T. W. 0. C. as their bargaining
agent. No cards were introduced into evidence to substantiate this
claim. Under these circumstances we find that the questions which
have arisen concerning representation can best be resolved by the
holding of an election by secret ballot.
DECISIONS AND ORDERS 17
At the hearing it was agreed by the T. W. 0. C. and the Company
that, in the event the Board directed elections among the employees
at Plant No. 1 and Plant No. 2, the employees whose names appear
on the Company's pay roll as of the week ending April 23, 1938,
excluding those who have since quit or been discharged for cause
shall be eligible to vote in the election. It was shown at the hear-
ing that there has been no substantial labor turn-over at the Com-
pany's plants between April 23, 1938, and the date of the hearing.
Accordingly, we find that the employees in the appropriate unit,
whose names appear on the Company's pay roll as of April 23, 1938,
excluding those who have since quit or been discharged for cause,
shall be eligible to vote in the elections.
The T. W. 0. C. and the Company agreed if elections are directed
by the Board that they be held on a working day between the hours
of 11 a. in. and 5 p. m ; that the election among the employees at
Plant No. 1 be conducted at the Community House situated across
the road from Plant No. 1; and that the election among the employees
at Plant No. 2 be conducted at old No. 4 store building situated; di-
rectly in front of Plant No. 2. These are matters within the discre-
tion of the Regional Director in the conduct of the elections, but
we see no objections to the holding of the elections at the time and
places agreed upon by the parties.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Clifton Manufacturing Company, Clifton,
South Carolina, 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 at
its Plant No. 1, including watchmen and employees occupying the
position of section hand or under, and excluding clerical and super-
visory employees and employees who occupy the position of second
hand or higher, constitute a unit for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. All production and maintenance employees of the Company at
its Plant No. 2, including watchmen and employees occupying the
position of section hand or under, and excluding clerical and super-
visory employees and employees who occupy the position of second
hand or higher, constitute a unit for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
18 NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela,
tions,Act, and pursuant to Article III, Section 8, of National Labor,
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for collective bargaining with Clifton
Manufacturing Company, Clifton, South Carolina, elections by
secret.ballot shall be conducted within fifteen (15) 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, Section
9, of said Rules and Regulations.
(1) Among all production and maintenance employees of Clifton
Manufacturing Company, Clifton, South Carolina, at its Plant No.
1, including watchmen and employees occupying the position of sec
tion hand or under, and excluding clerical and supervisory employees
and employees who occupy the position of second hand or higher;
whose names appear upon the Company's pay roll for the pay-roll
period ending April 23, 1938, except those who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Textile Workers Organizing Committee for the pur-
poses of collective bargaining; and
(2) Among all production and maintenance employees of Clifton
Manufacturing Company, Clifton, South Carolina, at its Plant No.
2, including watchmen and employees occupying the position of sec-
tion hand or under, and excluding clerical and supervisory employees
and employees who occupy the position of second hand or higher,
whose names appear upon the Company's pay roll for the pay-roll
period ending April 23, 1938, except those who have since quit or' been
discharged for cause, to determine whether or not they desire to be
represented by Textile Workers Organizing Committee for the pur-
poses of collective bargaining.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Direction of Elections.