Dixie Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jan 7, 1944

54 N.L.R.B. 384 (N.L.R.B. 1944)

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In the Matter of DIXIE MANUFACTURING COMPANY, INC. and, AMAL-
GAMATID CLOTHING WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1072.-Decided January 7, 1944
Mr. A. H. Roberts, Jr., of Nashville, Tenn., and Mr. Pride Tomlin-
son, of Columbia, Tenn., for the Company.
Messrs. Carl F. Albrecht and Edward A. Blair, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Amalgamated
Clothing Workers of America, C. I. 0., herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Dixie Manufacturing Company, Inc.,
Columbia, Tennessee, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at
'Columbia, Tennessee, on December 8, 1943. The Company and the
Union appeared at and participated in the hearing.' All parties 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 prejudicial
error and are hereby affirmed. All parties were afforded opportunity
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
Dixie Manufacturing Company, Inc., is a 'T'ennessee corporation
engaged in the manufacture of pants and overalls at two plants in
1 Although United Garment Workers of America, A. F. of L., was served with Notice
of Hearing , it did not appear.
54 N. L. R. B., No. 54.
384
DIXIE MANUFACTURING COMPANY, INC. 385
Columbia, Tennessee. We are here concerned with its Plant No. 2.
During 1942 the Company purchased raw materials valued in excess
of $75,000, over 90 percent of which was shipped to it from points
outside the State of Tennessee. During the same period the Company
sold products valued in excess of $75,000, over 90 percent of which was
shipped to points outside the State of Tennessee. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the Employees at Plant No. 2.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.'
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 Union requests the unit be confined to the production and main-
tenance employees at Plant No. 2, excluding supervisory employees.
The Company urges that the unit be extended to include similar em-
ployees at Plant No. 1.
There are approximately 261 employees at Plant No. 2 and 239 at
Plant No. 1. The two plants are approximately 1 mile apart but are
under separate managers. Although the product of both plants is
substantially the same and employees in both have similar skills and
duties and receive the same basic wage rate, each of the plants has its
owji pay-roll facilities and work-ticket departments and keeps accounts
in separate banks to meet the separate pay rolls. Warehousing, re-
ceiving, and shipping facilities are maintained at both plants of suf-
ficient size to meet the requirements of each. There is no interchange
2 The Trial Examiner reported that the Union presented l619 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of November 27, 1943. There are approximately 261 employees in
the appropriate unit.
56 7 900--44-vol 54--26
386 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of raw or semi-manufactured products between the plants. - Although
infrequently, during times of emergency, there is interchange of
personnel between the plants, the record indicates that as a rule em-
ployees are not transferred between the two plants. The Union has
confined its organizational activities at Plant No. 2 and has no mem-
bership at Plant No. 1. In view of the extent of employee organiza-
tion, the physical and organizational separation of the plants, and
the absence of substantial interchange of employees between the
plants, we are of the opinion that the employees of Plant No. 2, alone
at the present time, constitute an appropriate unit.3
We find that all production and maintenance employees at Plant
No. 2 of the Company, excluding supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute 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
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. I
DIRECTION` OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dixie Manufactur-
ing Company; Inc., Columbia, Tennessee, 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 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
8 See Matter of Woodside ' Cotton Mills Company, 48 N. L . R B 518; Matter of Starter
gills, 44 N. L. R. B. 486.
DIXIE MANUFACTURING COMPANY, INC. 387
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 election, to determine whether or not they desire to be repre-
sented by Amalgamated Clothing Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.