Denison Cotton Mill Co.

National Labor Relations Board - Board Decisions

Sep 17, 1945

63 N.L.R.B. 929 (N.L.R.B. 1945)

In the Matter of DENISON COTTON MILL COMPANY and UNITED TEXTILE
WORKERS OF AMERICA, AFL
Case No. 16-R-13,58.-Decided September 17,1945
Samesels, Brown, Herman and Scott, by Mr. John M. Scott, of Fort
Worth, Tex., for the Company.
Mr. A. F. Codena, of San Antonio, Tex., for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Textile Workers
of America, AFL, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Denison Cotton Mill Company, Denison, Texas, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due-notice before William J. Scott,
Trial Examiner. Said hearing was held at Fort Worth, Texas, on
July 10, 1945. The Company and the Union appeared,' participated,
and were afforded 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 preju-
dicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS . OF THE COMPANY
Denison Cotton Mill Company, a Texas corporation, owns and oper-
ates a mill in Denison, Texas, where it manufacturers cotton duck.
Until June 1, 1945, all the Company's finished products were sold
3 Textile Workers Union of America , CIO, was served with Notice of Hearing but failed
to appear.
63 N. L. R. 13., No. 147.
929
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
under contract to the War Department. Since that date, the Com-
pany has sold goods to civilian customers only. From September 30,'
1944, until the time of the hearing, the Company manufactured fin-
ished products valued at $1,567,651, of which 88 percent was trans-
ported to points outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Textile Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 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
The Company and the Union agree that a unit composed of all
production and maintenance employees of the Company, including the
watchman,3 but excluding office and clerical employees, foremen, and
all other supervisory employees, is appropriate. However, the Union
maintains that second hands are supervisory employes and, therefore,,
should be excluded from the unit. The Company opposes the Union's
position in this respect.
The four second hands employed by the Company are, for the most
part, assistant foremen. They aid the foremen of the various depart-
ments, assisting in carrying out changes required in production,.
making up pay rolls, and keeping time. If employees fail to perform
their duties, second hands may report them to the foremen. -In the
absence of the foremen, second hands may also excuse employees from
2 The Field Examiner reported that the Union . submitted 131 application and authoriza-
tion cards, 119 of which bore apparently genuine, original signatures of employees listed on
the Company ' s pay roll of May 13 , 1945, which contained the names of 217 employees in
the alleged appropriate unit; and that 6 cards were dated May 1945, 110 were dated
April 1945, and 3 were undated.
The watchman is in charge of the plant property at night He is neither deputized, nor
militarized, and does not wear a uniform.
DENISON COTTON MILL COMPANY 931
work for a short time. Except when there is a temporary shortage of
men, second hands do not operate machines. They train new em-
ployees and receive the highest hourly rate in their respective depart-
ments. For approximately 220 production and maintenance workers,
there are but 7 admittedly supervisory employees 4 Thus, if second
hands are considered part of the Company's supervisory hierarchy,
there still are relatively few supervisory employees in proportion to
non-supervisory workers. Moreover, in many cases involving produc-
tion and maintenance units in the textile industry, we have excluded
second hands as supervisory employees. We are persuaded by the
foregoing facts that the Company's second hands are clothed with
sufficient indicia of supervisory status to warrant their exclusion from
the unit.
We find that all production and maintenance employees of the
Company, including the watchman, but excluding office and clerical
employees, foremen, second hands, and all other supervisory employees
with' authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 of Section 9 (c) of the National Labor Relations Act,
-and pursuant to Article III, Section 9, of the 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 Denison Cotton
Mill Company, Denison, Texas, 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 super-
vision of the Regional Director for the Sixteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
* The plant superintendent and six foremen
6 See e. g. Matter of Piedmont Cotton Mitts, 60 N L R. B 200, Matter of Aponaug Mfg.
Co., 36 N. L, R B 371.
662514-46-vol. 63-60
932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, 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 including 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 reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Textile Workers of America, AFL, for the purposes of collec-
tive bargaining.
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