Gastonia Combed Yarn Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1944

56 N.L.R.B. 1883 (N.L.R.B. 1944)

In the Matter of GASTONIA COMBTD YARN CORPORATION, GASTONIA
THREAD CORPORATION, AND GASTONIA PROCESSING COMPANY, and
UNITED TEXTILE WORIiEES OF AMERICA (A. F. L.)
Case No. 5-R-1555.-Decided June 30, 1944
Mr. George V. Mason, of Gastonia, N. C., for the Companies.
Mr. Nicle Collins, of Gastonia, N. C., for the Union.
Mr.'Joseph C. Wells, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of America
(A. F. L.), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Gastonia Combed Yarn Corporation, Gastonia Thread Corporation,
and Gastonia Processing- Company, all of Gastonia, North Carolina,
and herein collectively called the Companies, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before George L. Weasler, Trial Examiner. Said hearing was held at
Gastonia, North Carolina, on May 15, 1944. The Companies and the
Union appeared and participated. All'parties were afforded full op-
portunity to be heard, to examine, and cross-examine witnesses, to
introduce evidence bearing on the issues, and to file briefs with the
board. At the hearing, the Companies moved that the petition be
dismissed on, the ground that the Union "does not represent a sub-
stantial number of employees in the unit hereinafter found appropri-
ate. The Trial Examiner reserved ruling upon the above-mentioned
motion of the Companies. For reasons indicated in Section III,'infra
the motion is hereby denied. The Trial Examiner's rulins made at
the hearing. are free from prejudicial error and are hereby affirmed.
56 N. L. R. B., No. '29.
1883
1894 DECISIONS OF NATIONAL LABOR-RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANIES
Gastonia Combed Yarn Corporation is a North Carolina corporation
engaged in the manufacture and sale of combed, carded, and mer-
cerized yarns. The operations of the Company are conducted in three
buildings, known as the Armstrong, Dunn, and Clara mills. An-
nually, the corporation uses raw materials, consisting principally of
cotton, valued at approximately $1,000,000, of which about 80 percent
is shipped to the corporation from points outside the State of North
Carolina. The' corporation manufactures annually products having
an approximate value of $4,500,000, of, which about 70 percent, is
shipped to points outside the State.
Gastonia Thread Corporation is a North Carolina corporation,
engaged in the manufactuue and sale of cotton thread. The raw
materials used consist of cotton, yarn manufactured by Gastonia
Combed Yarn Corporation and other concerns. During, the past
year, the corporation purchased cotton yarn having a total value of
about $900,000 from Gastonia Combed Yarn Corporation, and cotton
yarn having a total value of about $100,000 from places outside
the State of North Carolina. During this period, the corporation
shipped finished- products having a total value in excess of $1,000,000
to points outside the State. The corporation conducts its operations
in the basement of the Clara mill, owned by Gastonia Combed Yarn
Corporation. -
Gastonia Processing Company is a North Carolina corporation,
engaged in the manufacture and sale' of dyed and dyed-mercerized
yarns. During the past year, the Company purchased raw materials
having a total value of about $1,000,000, of which approximately 40
percent came from mills outside the State of North Carolina, and sold
finished products having a total value in excess of $1,000,000, of which
about 95 percent was shipped outside the State of North Carolina.
The corporation conducts its operations in the basement of the Clara
mi11.
The Companies operate as an integrated enterprise and employees
are subject to a`'unified, common, and integrated control, established
and enforced by Gastonia Combed Yarn Corporation. For general
supervisory purposes, the employees of all the Companies are'treated
as a unified group. The officers of Gastonia Combed Yarn Corpora-
tion hold identical offices in Gastonia Thread Corporation and Gas-
tonia Processing Company.
We find that. the Companies are engaged in commerce, and that they
constitute a single employer; within the meaning of the National Labor
Relations Act.
I
GASTONIA COMBED YARN CORPORATION 1885
II. 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 Companies.
III. THE QUESTION CONCERNING REPRESENTATION
- The Companies,have refused to grant recognition to.the Union as the
exclusive bargaining representative of their employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the,Field Examiner, introduced into evidence at
the hearing, and a 'statement of the Trial Examiner,' indicate that the
Union represents a substantial number of employees in the unit here-
inafter found appropriate.2
We find that a question affecting, commerce has arisen concerning
the representation of the employees of the Companies, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties,agree that a unit comprising the production and Inain-
tenance employees of all three Companies is appropriate for bargain-
ing. 'The record is ambiguous as to whether the parties desire to
include or exclude two watchmen employed by Gastonia Combed Yarn
Corporation. Inasmuch as there is no apparent reason for their exclu-
sion, we will include them in the unit.
In accordance with the desires of the parties and the record, we find
that all production and maintenance employees of the Companies, in-
cluding,the chemist 3 and watchmen, but excluding the electrician 4
the master mechanic, the head shipping clerk, armed guards, all clerical
employees, supervisory employees of the rank of section hand and
i This statement, for which an exhibit was reserved by agreenient'of all parties, was
prepared by the Trial Examiner after the hearing It is hereby admitted into evidence.
2 The Field Examiner reported that the Union submitted 595 application cards which
bore apparently genuine signatures, and that the names of 299 persons appearing on the
cards were contained in a list of employees submitted by the Companies in the unit claimed
by the Union At the hearing, the Union submitted 41 additional application cards to the
Trial Examiner The Trial Examiner reported that these cards boie apparently genuine
signatures, and that 35 of the cards bore names of employees who appear on the list. Of
the 334 cards found to bear names of employees of the Companies, 60 are dated in 1942,
56 dated January to June 30„1943, 88 dated July to December 31, 1943, 128 dated January
to May 1944, and 2 undated The unit hereinafter found appropriate contains.approxi-
mately 1,118 employees Thus the Union has shown that it represents approximately 30
percent of the Companies' employees and we have, accoidingly, overruled the Companies'
motion to dismiss the petition on the ground of insufficient showing
'The chemist is an hourly-paid employee, recruited from the regular factory hands,
who mixes dyes according to set formulas She possesses no particular skill or training
such as would make her status materially different from other production employees
k The electrician does general electrical maintenance work, and, when necessary, supervises
a crew of men in setting tip machinery
587784--45-vol. 56 120
1886 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, and all supervisory employees with the authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
• employees, or effectively recommend such action, constitute -a unit'
appropriate for the purposes of collective bargaining within'the mean-
ing of Section 9 -(b) of the Act.
r
V. THE 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 Election
herein, subject to the limitations and additions set forth in the
Direction .5
1
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
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 Gastonia Combed
Yarn Corporation, Gastonia Thread Corporation, and Gastonia Proc-
essing Company, an election by secret ballot shall be coiiducted'as early
as possible, but not later than thirty (30) days from the date of this
Direction, under the direction and'superdision of the Regional Director
for the Fifth 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 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 those employees 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 represented by United Textile Workers of America, Local 12,
affiliated with the American-Federatibn of Labor, for the purposes of
collective bargaining. ' .
5 At the hearing the Union requested that it be designated on the ballots as "United
Textile Workers of America, Local 12, A. F. of L."