74 N.L.R.B. 1011 (N.L.R.B. 1947)

Fairmont Mills, Inc.

National Labor Relations Board - Board DecisionsAug 13, 1947

74 N.L.R.B. 1011 (N.L.R.B. 1947)

In the Matter of FAIRMONT MILLS, INC., EMPLOYER and UNITED TEXTILE WORKERS of AMERICA, AFL, PETITIONER Case No. 10-R4634.-Decided August 13, 191.7 Messrs. L. 117. Perrin, Sr., and L. W. Perrin, Jr., of Spartanburg, S. C., for the Employer. Mr. John L. McKinney, of Spartanburg, S. C., for the Petitioner. Mr. Henry W. de Kozmian, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board, on June 5, 1947, conducted a prehearing election among employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows there were approximately 240 eligible voters, of whom 208 cast valid ballots, 132 of which were for, and 76 against the Petitioner; there were 4 challenged ballots. Thereafter, hearing in the case was held at Spartanburg, South Carolina, on June 20, 1947, before William M. Pate, hearing officer. The rulings of the hearing officer made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF TIIE EMPLOYER Fairmont Mills, Inc., is a South Carolina corporation engaged in the manufacture of textiles at its plant in Fairmont, South Carolina, which is solely involved in this proceeding. Since the inception of its operations at its Fairmont plant in August 1946, the Employer pur- 74 N. L. R. B., No. 163. 1011 1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chased raw materials valued in excess of $250,000, more than 50 percent of which was shipped to the Employer from points outside the State of South Carolina. During the same period the Employer sold finished products in excess of $500,000, more than 33 percent of which was shipped to points outside the State of South Carolina. The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as'the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting' commerce has arisen concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the stipulation of the parties, we find that all pro- duction and maintenance employees at the'Employer's Fairmont, South Carolina, plant, -excluding office and clerical employees, store clerks, second hands, overseers, superintendents, and all other supervisory employees, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES Inasmuch as the Petitioner has received a majority of the valid bal- lots plus challenged ballots cast in the prehearing election, we shall certify it as the exclusive bargaining representative of all employees in the appropriate unit. I It was stipulated at the hearing that S. E. Gilliam , whose ballot was challenged by the Petitioner , is a supervisory employee . Accordingly , he is excluded as such. FAIRMONT MILLS, INC. 1013 CERTIFICATION OF REPRESENTATIVES IT IS'HEREBY CERTIFIED that United Textile Workers of America, AFL, has been designated and selected by a majority of all production and maintenance employees employed at Fairmont Mills, Inc., at its Fairmont, South Carolina, plant, excluding office and clerical em- ployees, store clerks, second hands, overseers, superintendents, and all other supervisory employees, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such em- ployees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.