Indiana Cotton Mills, Inc.

National Labor Relations Board - Board Decisions

Feb 21, 1946

65 N.L.R.B. 1339 (N.L.R.B. 1946)

In the Matter Of INDIANA COTTON MILLS, INC. and TEXTILE WORKERS
UNION OF AMERICA, AFFILIATED WITH C. I. O.
Case No. 11-R-905.-Decided February 21, 1946
Mr. Nelson Helm, of'Louisville Ky., and Mr. Lee Rodman, of Can-
nelton, Ind., for the Company.
Messrs. August W. Bahr and Joshua Simms, of Cannelton, Ind., for
the Union.
Mr. Frederick D. Vincent, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
affiliated with C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Indiana Cotton Mills, Inc., Cannelton, Indiana, herein called
the Company,' the National Labor Relations Board provided for an
appropriate hearing upon due notice before William O. Murdock,
Trial Examiner. The hearing was held at Cannelton, Indiana, on
December 12, 1945. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded full opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
Indiana Cotton Mills, Inc., is an Indiana corporation with its prin-
cipal place of business located at Cannelton, Indiana, where it is
I The petition and other formal papers were amended at the hearing to show the
correct name of the Company.
65 N. L. R. B., No. 220.
1339
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engaged in the manufacture of cotton textiles. The Company is a
manufacturing concern, and fabricates products for the Indiana Cot-
ton Mills Company, of which it is a subsidiary.
All of the raw material used by the Company comes from outside the
State of Indiana, and exceeds an annual dollar value of $50,000. The
value of the finished products exceeds $100,000 annually, most of
which are sold and distributed throughout the United States by the
Indiana Cotton Mills Company.
The Indiana Cotton Mills Company pays the Company in excess of
$50,000 annually for manufacturing services.
We find, contrary to the contention of the Company, that it is en-
gaged in commerce within the meaning of the National Labor Rela-
tions 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 Union, through a representative, notified the Company that
it claimed to represent a majority of the Company's maintenance and
production employees, and requested recognition as their collective
bargaining agent. The Company refused to grant the request.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the unit hereinafter found appropriate.2
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
Substantially in accordance with the agreement of the parties at
the hearing, we find that all production and maintenance employees
of the Company at its Cannelton, Indiana, plant, excluding office and
clerical employees, watchmen, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
2 The Regional Director reported that the Union submitted 165 authorization cards.
There are approximately 300 employees in the appropriate unit.
INDIANA COTTON MILLS, INC.
V. TIIE DETERMINATION OF 'REPRESENTATIVES
1341
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
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 TII, Section 9, of National Labor Rela-
tions 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 Indiana Cotton
Mills, Inc., Cannelton, Indiana, 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 Eleventh 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 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
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 Textile
Workers Union of America, affiliated with C. I. 0., for the purposes
of collective bargaining.