Gastonia Weaving Co.

National Labor Relations Board - Board Decisions

Apr 30, 1943

49 N.L.R.B. 342 (N.L.R.B. 1943)

In the Matter of GASTONIA WEAVING COMPANY, INC. and FEDERATION OF
WOVEN LABEL & NARROw FABRIC WORKERS; LOCAL 2640, AFFILIATED
WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-5059.-Decided April 30, 1943
Mr. Albert P. Wheatley, for the Board.
Cherry d Hollowell, by Mr. L. B. Hollowell, of Gastonia, N. C., for
the Company.
Mr. J. L. Hamvme, of Gastonia, N. C., and Mr. Charles Ehmentraut, of
Paterson, N. J., for, the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Federation of Woven Label & Narrow
Fabric Workers, Local 2640, affiliated with the American Federation
of Labor, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Gastonia Weaving Company, Inc., Gastonia, North Carolina,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Henry J.
Kent, Trial Examiner. - Said hearing was held at Gastonia, North
Carolina, on March 25, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
upon the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Gastonia Weaving Company, Inc., a North Carolina corporation
having its principal office and place of business at Gastonia, North
49 N. L. R. B., No. 40.
342,
GASTONIA WEAVING COMPANY, INC. 343
Carolina, is engaged in the manufacture, sale, and distribution of woven
cloth labels. About 80 percent of the finished products manufactured
at the Company's Gastonia factory, which amount to approximately
$200,000 in value annually, is shipped to points outside the State of
North Carolina.
The Company concedes that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Federation of Woven Label & Narrow Fabric Workers, Local 2640,
a branch of The United Textile Workers of America, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
II. THE QUESTION CONCERNING REPRESENTATION
An unaffiliated labor organization known as the Co-Operative
Fellowship Club, secured a contract with the Company in May 1938.
Thereafter its membership became affiliated with The Textile Workers
Organizing Committee (C. I.0.), and later with Federal Labor Union
No. 21950 (A. F. of L.), each of which in turn took over the contract.
After the expiration of this contract in May 1939, a consent election
was held which was lost by Federal Labor Union No. 21950. Since
that time no labor organization has bargained on behalf of employees
of the Company. Federal Labor Union No. 21950 no longer purports
to represent any of the employees.
On or about September 1, 1942, the Union, in a letter to the Com-
pany, claimed to represent a majority of, the Company's weavers and
requested a conference for the purposes of collective bargaining. On
or about September 9, 1942, the Company replied that the weavers do
not constitute an appropriate unit and that it could not recognize the
Union as their representative unless and until the Board certifies the
Union as such.
A statement of the Regional, Director, introduced in evidence at the
hearing, together with a statement of the Board's attorney made at the
hearing, indicate that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
I The Regional Director reported that the Union submitted 39 cards, of which 31, all
bearing apparently genuine original signatures , correspond with names on the Company's
pay roll of January 31, 1943. The Board's attorney also reported that the Union submitted
4 additional cards, of which one name corresponds with a name on the aforesaid pay roll.
There are approximately 60 employees in the appropriate. unit; the Company employs a
total of about 180 employees.
344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the representation. of employees within the meaning of Section 9 (c)
and Section 2'(6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The, Union contends that all. the, Company's weavers constitute an
appropiiate"unit for collective' bargaining purposes. It argues that
weavers belong to a highly skilled craft and can function effectively
as a bargaining unit, that they constitute the "major department" of
the Company which it is its policy to organize first, and that the
weavers' right to the benefits of collective bargaining should not de-
pend on the state of organization of the Company's other employees.
The Company contends that a plant-wide unit is appropriate.
Weavers require years of training and experience, while it takes only
a few hours or weeks to acquire the skill necessary to perform the
auxiliary operations such as warping, quilling, cutting, folding,, which
constitute other departments of the plant. The weavers receive con-
siderably higher pay than the other production employees of the Com-
pany; a large differential is customary in the industry. There is much
less labor turnover among the weavers than among the other produc-
tion employees of the Company.
The unit covered by the contract, hereinbefore described, between
the Company and organizations no longer having membership among
the employees of the Company, or no longer in existence, and which was
also the unit provided for in.the consent election of 1939, consisted of all
employees of the Gastonia plant, except supervisory, technical, and
clerical employees. However, the record shows that the organization
of the Company's business is such that either a unit comprising all pro-
duction employees or one limited to weavers could be appropriate for
the purposes of collective bargaining. Since effective self-organization
is at present limited to the weavers, and since no other organization
seeks to represent employees of the Company, we are of the opinion that.
the unit sought by the Union is appropriate?
Under these circumstances , including the existing state of organiza-
tion among the employees of the Company and without prejudice to a
reconsideration of the appropriate unit, at a later state in employee
self-organization , we find that all- weavers in the weaving department
of the Company's Gastonia, North Carolina, plant, excluding foremen
and assistant foremen, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act,
2 See Matter of Phllmer B. Eves and H. J. Andresen, as Executors of the Last Will and
Testament of Albert K . Buhl, now deceased, formerly doing business under the trade name
and style of Empire State Silk-Label Co. and Federation of Woven Label & Narrow Fabric
Workers, A. F. of L, 42 N. L R B 1209; Matter of New Jersey Worsted Mills' and Wool
Sorters' Local 33 of the 'Woolen and Worsted Federation , affilsated with the United Textile
Workers of America, A . F. of L ., 35 N. L. R. B. 1303; Matter of Crescent Dress Company
and Cutters Local 11 , I. L. G. W. U., A. F. of L., 29 N . L. It. B. 351.
,GASTONIA WEAVING COMPANY, INC. 345
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.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Gastonia Weaving Com-
pany, Inc., Gastonia, North Carolina, 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 supervision 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, Section 10, 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 any who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Federation of Woven Label & Narrow
Fabric Workers, Local 2640, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.