Dove Down Hosiery Mills

National Labor Relations Board - Board Decisions

Jun 7, 1949

83 N.L.R.B. 1240 (N.L.R.B. 1949)

In ,the Matter of GRIFFIN HOSIERY MILLS, INC., D/B/A DovE DowN
HosIsx& MILLS, EMPLOYER and ALTON Ross , PETITIONER
Case No. 10-RD-4L-Decided June 7,1949
DECISION
AND
ORDER
Upon a decertification petition duly filed, a hearing was held before
John C. Carey, hearing officer of the National Labor Relations Board.
The hearing officer's rulings made at the hearing are free from prej -
udicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Houston and Murdock].
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 Intervenor, American Federation of Hosiery Workers, Local
115, is a labor organization claiming to represent employees of the
Employer who are on strike.
3. The question concerning representation:
The Employer has bargained with the Intervenor and its predeces-
sor, Textile Workers Organizing Committee, since the latter's certi-
fication in January 1939 as the collective bargaining representative
of the Employer's production and maintenance employees. The last
contract between the Intervenor and the Employer was executed in
October 1947, and expired in October 1948. On June 15, 1948, all
44 employees of the Employer went out on an economic strike.' Ap-
proximately 7 of the strikers have returned to work. The Employer
claims that all of the other strikers have been permanently replaced,
as evidenced by the fact that the plant was operating, and had been
for several months, with a full complement of employees. The Inter-
venor denies that the replacements are permanent, but has presented
no evidence to support its denial. Accordingly, we find that the eco-
' The Employer , in its brief, alleges that the strike is an economic one, but there is no
direct testimony to that effect in the record. However, where, as here , no unfair labor
practice complaint has been lodged by the General Counsel of the Board , we must assume
that the strike was an economic one. Matter of Times Square Stores Corporation, 79
N. L. R. B. 36.
83 N. L. R. B., No. 170.
1240
GRIFFIN HOSIERY MILLS, INC. 1241
nomic strikers at the Employer's plant who are still on strike have been
permanently replaced.
We have held in the past that no question of representation exists
where the union sought to be decertified has disclaimed interest in
representing the employees involved.2 At the hearing in the instant
case , the Intervenor repeatedly disclaimed interest in the reinstated
and replacement employees, and specifically limited its claim to repre-
sentation of the strikers. As these are economic strikers who have
been permanently replaced, they would not, under Section 9 (c) (3)
of the Act, be entitled to vote in the election sought herein.3 Thus,
the Intervenor has disclaimed interest in all of the employees eligible
to vote in such an election. To hold an election under these circum-
stances would, as the Employer contends, be futile, and the Board
will not engage in a futility. Accordingly, we find that no ques-
tion affecting commerce exists concerning the representation of any
employees now working for the Employer and eligible to vote; we
shall, therefore, dismiss the petition.
ORDER
Upon the entire record in this case, the National Labor Relations
Board hereby orders that the petition herein be, and it hereby is,
dismissed.
zMatter of Federal Shipbuilding and Drydock Co, 77 N. L R. B . 463; Matter of Terry-
toons, Inc., 77 N. L. R. B . 471; Matter of A. Goodman & Son, 77 N. L. R. B. 297.
8 Matter of Times Square Stores Corporation, supra.