Eagle & Phenix Mills

National Labor Relations Board - Board Decisions

Dec 28, 1942

46 N.L.R.B. 440 (N.L.R.B. 1942)

In the Matter of EAGLE & PHENIx MILLS and UNITED TEXTILE WORKERS
OF AMERICA, LOCAL #2655, A. F. OF L.
Case No. R-4;79.-Decided December ,28, 194
- Jurisdiction : cotton goods manufacturing industry.
Practice and Procedure : petition dismissed when unions failed to make substan-
tial showing of representation.
Swift, Pease, Davidson , Swinson, and Chapman, by Mr. 111'. Edward
Swinson, and Mr. J. E. Chapman, Jr., of Columbus, Ga., for the
Company.
Mr. Arthur F. Copeland and Mr. William R. Her°rod, of Columbus,
Ga., and Mr. Robert W. Donnahoo, of Spartanburg , S. C., for the
A. F. of L.
Mr. R. H . Brazzell, of Atlanta , Ga., for the C. 1. 0.
Miss Viola James, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by United Textile Workers of America,
Local #2655, affiliated with the American Federation of Libor,
herein called the A. F. of L ., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Eagle
& Phenix Mills, Columbus, Georgia, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Paul L. Styles, Trial Examiner: Said
hearing was held at Columbus, Georgia, on November 4, 1942. The
Company, the A. F. of L ., and Textile Workers of America, affiliated
with the Congress of Industrial Organizations , herein called the
C. I. 0., appeared and participated . All parties were afforded full
opportunity to be heard , to examine and cross -examine witnesses, and
to introduce evidence bearing-on' the issues . The Company moved to
dismiss the petition on the ground that neither the A. F. of L. nor
the C . I. O. presented proof of membership among the Company's
employees substantial enough to warrant the Board in finding that a
46 N. L. R. B., No. 56.
440
EAGLE & PHENIX MILLS 441
question concerning representation exists. The Trial Examiner re-
served ruling on the motion for the Board. For the reasons stated
below, the motion is granted. The Trial Examiner's rulings made. at
'the hearing are free from prejudicial error and are hereby affirmed.
On November 17, 1942, the Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
,Eagle & Phenix Mills, a Georgia corporation, is -engaged at Colum-
bus, Georgia, in the manufacture of various types of cotton goods, and
for this purpose employs approximately 2,437 persons. During the
first 6 months of 1942, the Company purchased raw materials and
supplies valued in excess of $2,000,000, more than 50 percent of which
was shipped to its plant from points outside, the State of Georgia.
During the same period, the Company manufactured and sold cotton
goods valued in excess of $4,500,000; more than 50, percent of which
was shipped to States other than Georgia. We find that the Company
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Textile Workers of America; Local #2655, affiliated with
the American Federation of Labor, and Textile Workers of America,
affiliated with the Congress of Industrial Organizations, are labor
organizations, admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
During June 1942, the A. F. of L. requested recognition, as the bar-
gaining agent for the Company's employees. The Company refused
on the ground that it was not certain which union, if any, represented
a majority of its employees.
A report prepared by a Field Examiner for the Board and intro-
duced into evidence at the hearing reveals that the A. F. of L. claimed
to represent 1,100 employees, and in support of its claim submitted
1,083 designation cards, all bearing apparently genuine original sig-
natures. Of these- cards, 512 bore: the names of persons on the Com-
pany's pay roll of September 19, 1942, and wei'e dated as follows : 331
in 1941, 171 in 1942, and 10 undated. The C. I. 0. submitted 602
designation cards, all bearing apparently genuine original signatures,
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of which 387 bore the names of persons listed on the September 19,
1942, pay roll. Of the 387 cards, 188 were undated,1 and the remainder
bore dates since June 1942. There were 134 names which appeared
on the cards of both unions. At the hearing the C. I. O. submitted
84 additional cards dated from October 1 to November 1, 1942, all
bearing apparently genuine original signatures, and 52 of which bore
the names of persons on the September 19, 1942, pay roll of the Com-
pany. This pay roll listed 2,230 persons in the alleged appropriate
unit. Under these circumstances we find that neither union has shown
a substantial membership among the employees of the Company. We
hereby sustain the motion of the Company to dismiss, and we shall
accordingly dismiss the petition of the A. F. of L.
ORDER
Upon the basis of the above findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives of
employees of Eagle & Phenix Mills, Columbus, Georgia, filed by United
Textile Workers of America, Local #2655, affiliated with the American
Federation of Labor, be, and it hereby is, dismissed.
'At the hearing a witness for the C. I. O. testified that the undated cards ivere signed
since June 1942. ( '