Gate City Cotton Mills

National Labor Relations Board - Board Decisions

Apr 30, 1945

61 N.L.R.B. 820 (N.L.R.B. 1945)

In the Matter Of GATE CITY COTTON MILLS and TEXTILE WORKERS
UNION OF AMERICA, C. I. O.
Case No. 10-R-1461.-Decided April 30, 1945
Weekes & Candler, by Mr. John W. Weekes, of Decatur, Ga., and
Mr. I. C. Milner of Atlanta, Ga., for the Company.
Mrs. Clara Kanun and Mr. Horace White, of Atlanta, Ga., for the
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
C. 1. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Gate
City Cotton Mills, East Point, Georgia, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Mortimer H. Freeman, Trial Examiner.
Said hearing was held at Atlanta, Georgia, on April 21, 1945. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard; to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Gate City Cotton Mills is a Georgia corporation operating a plant at
East Point, Georgia, where it is engaged in the manufacture of carded
cotton yarn. During the 12-month period ending March 1, 1945, the
61 N. L. R. B., No. 131.
820
GATE CITY COTTON MILLS 821
Company purchased raw materials valued in excess of $750,000, over
60 percent of which was shipped to it from points outside the State of
Georgia. During the same period, the company manufactured prod-
ucts valued in excess of $2,000,000, over 60 percent of which was
shipped to points outside the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective
bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees within the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all employees
of the Company at East Point, Georgia, excluding clerical and office
employees, supervisory employees with the rank of second-hand or
higher, and any other supervisory employees with authority to hire,
promote, 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
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
i The report of the Field Examiner shows that the Union submitted 107 membership
application cards There are approximately 225 employees in the appropriate unit.
822 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Gate City Cotton
Mills, East Point, Georgia, an election by secret ballot shall be con-
ducted 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 Tenth 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 em-
ployees 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 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 Textile Workers Union
of America, C. I. 0., for the purposes of collective bargaining.