Inman Mills

National Labor Relations Board - Board Decisions

Aug 8, 1945

63 N.L.R.B. 198 (N.L.R.B. 1945)

In the Matter Of INMAN MILLS and TEXTILE WORKERS UNION Or
AMERICA
Case No. 10-R-1448.-Decided August 8,1945
Mr. L. W . Perrin, of Spartanburg , S. C., for the Company.
Mr. R. C. Thomas , of Spartanburg , S. C., and Mr. C. D. Puckett, of
Gaffney, S. C., for the T. W. U. A.
Mrs. Augusta Spaulding , 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,
CIO, herein called the T. W. U. A., alleging that a. question affecting
commerce had arisen concerning the representation of employees of
Inman Mills, Inman,. South Carolina, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before T. Lowry Whittaker, Trial Examiner. Said
hearing was held at_Spartanburg, South Carolina, on May 31 and
June 4, 1945. The Company and the T. W. U. A. appeared and par-
ticipated? All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Inman Mills is engaged in the general textile business at Inman,
South Carolina, manufacturing, selling, and distributing printed cloth,
'United Textile Workers of America, herein called the U T W. A, also served with
notice, did not appear at the hearing. By telegram addressed to the Regional Director, the
U. T. W. A. stated that it would not appear at the hearing and requested permission to, ,
participate in any election that the Board might direct among the Company's employees
as a result of the petition filed herein. For reasons which appear In Section V, below, we
grant the request.
63 N. L. R. B .No. 29.
198
INMAN MILLS 199
twills, piques, and textiles. The principal raw material purchased
by the Company is cotton. In the 12 months preceding the date of
the hearing, the Company's purchases of raw materials were valued
in excess of $1,750,000, of which approximately 95 percent repre-
sented material brought to the mill from points outside South Carolina.
Products finished by the Company, during the same period, were
valued in excess of $2,000,000, of which approximately 95 percent
represented products shipped to points outside South Carolina.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS 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.
United Textile Workers of America is a labor organization affiliated
with the American Federation of Labor. Local Union No. 1935,
chartered by the U. T. W. A., admitted to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On, or about March 5, 1945, the T. W. U. A. asked the Company for
recognition as bargaining representative of its production and main-
tenance employees. The Company refused, alleging that a contract
between the Company and the U. T. W. A. constituted a bar.
On November 3, 1938, the Board certified Textile Workers Organiz-
ing Committee as exclusive bargaining representative of production
and maintenance employees of the Company.2 Representatives of the
Company and this labor organization held several bargaining confer-
ences, but no written agreement resulted from the certification.
On December 20, 1940, pursuant to a petition for investigation and
certification filed in Case No. 10-R-340 by Local Union No. 1935 of
the United Textile Workers of America, A. F. of L., herein called
Local Union No. 1935, a consent election was held by the Regional
Director among employees of the Company. Local Union No. 1935
won the election. On March 22, 1941, the Company entered into a
written agreement with Local Union No. 1935 and the U. T. W. A., its
parent body, both labor organizations signing as parties to the con-
tract. The contract recited that it should be in full force and effect for
2 years, and thereafter from year to year, unless terminated by 60
days' written notice by either party. Prior to March 22, 1943, Local
Union No. 1935 gave appropriate notice to terminate this contract and,
,on March f5,1943, the Company and Local Union No. 1935 and the
2 Matter of Inman Mills, 9 N. L. R. B. 58.
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
U. T. W. A. entered into a new contract, effective from March 22, 1943,
until September 22, 1944, and thereafter from year to year unless termi-
nated by 60 days' written notice by either party. The second contract
as well as the first, contained a recognition clause, wherein the Com-
pany recognized Local Union No. 1935 as the representative of the
Company's employees for bargaining purposes.
In July 1944 representatives of Local Union No. 1935 told an inter-
national representative of the U. T. W. A. that employees of the Com-
pany desired to terminate the current contract with the Company. He
advised them to send a timely notice to the Company to that effect.
On July 16, 1944, members of Local Union No. 1935 in regular union
meeting instructed their secretary to notify the Company of their
desire to terminate their present contract and, on July 18, 1944, formal
written notice to terminate the contract was sent to the Company
and duly received. During August and September, the Company, look-
ing forward to a new contract with its employees, tried to arrange
bargaining conferences with representatives of Local Union No. 1935
and' the U. T. W. A., but without success. On September 22, 1944,
therefore, the terminal date of the contract, the Company discontinued
the check-off of union dues, provided by the contract during the life
of the contract.
On December 12, 1944, members of Local Union No. 1935, in a
regular meeting, voted, with few dissenting votes, to withdraw from
the U. T. W. A. For some time the Company's employees considered
forming an unaffiliated union. Later in December 1944, however,
some employees of the Company communicated with representatives
of the T. W. U. A., the petitioner herein, about affiliating with that
organization. During the first week in January 1945, the T. W. U. A.
held an organizational meeting. On January 8, 1945, employee mem-
bers of Local Union No. 1935 formally surrendered their charter and
records to the U. T. W. A.
The Company admits that the contract of March 15, 1943, was duly
terminated so far as Local Union No. 1935 is concerned, but contends,
nevertheless, that the contract constitutes a bar to this proceeding on
the grounds (1) that the U. T. W. A., the parent body of Local Union
No. 1935, was a party to the contract and did not give appropriate
notice for cancelation and (2) that certain bargaining negotiations
carried on subsequent to September 22, 1944, automatically extended
the duration of the contract beyond its terminal date and therefore
constitutes a bar to this proceeding. We find no merit in either
contention.
The contract of March 15, 1943, was essentially a contract between
the Company and its employees, in which Local Union No. 1935 was
specifically recognized'by the Company as their designated bargain-
ing representative. According to custom, the U. T. W. A., the Inter-
INMAN MILLS 201
national Union, assisted its local in negotiating a contract customary
in the textile industry, and signed as a party thereto. Before Loca'
Union No. 1935 took any action to notify the Company, a representa=
tive of the local union conferred with a representative of the U. T.
W. A. regarding the termination of the contract, and received advice -
with respect to the date when the notice of termination should be
sent. The U. T. W. A. makes no contention that the contract is a bar
to this proceeding. Since the Company was duly notified by repre-
sentatives of Local Union No. 1935, the duly recognized bargaining
representative of its employees, of their desires with respect to the
termination of the contract, the formal joinder of the U. T. W. A. in
the notice of termination is entirely immaterial to the existence of the
question concerning representation raised herein.'
In January 1945, when the Company desired to give its employees,
vacation with pay, and again 1`11 May 1945, when the Company desired
to increase wages among its employees, the Company solicited and
obtained the signature of the U. T. W. A. on appropriate forms for
filing with the War Labor Board in order that the formal papers
would show the consent of the U. T. W. A. to the petition for benefits
which the Company volunteered to give its employees. The company
contends that this action on the part of the U. T. W. A. extended the
life of the contract, which thus constitutes a bar to the instant peti-
tion. We early found, and have frequently .restated, that negotia-
tions between employees and labor organizations falling short of a
written contract for a reasonable fixed term do not constitute a bar
to a determination of representatives upon an appropriate petition
filed by a rival union.4
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the T. W. U. A. represents a substantial number
of employees in the unit hereinafter found appropriate.5
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.
s See Matter of The Van Iderstine Company, 55 N. L. R. B. 1339.
* Matter. of Seisa Manufacturing Company, 7 N. L R B 481 ; Matter of Gulf Oil Corpora-
tion, 36 N. L R B. 1003 ; Matter of Eicor, Inc., 46 N L. It. B. 1035; Matter of Pittsburgh
Metallurgical Co., Inc, 48 N. L. It. B. 1239
E According to the statement of the Field Examiner, the T. W. U A. submitted 290
cards, of which 57 bear dates in December 1944, and 113 in January , 22 in February, and
42 in March 1945, and 56 were undated.
There are approximately 650 employees in the appropriate unit.
The Company objected to the introduction into evidence of the Field Attorney's state-
ment, and contends that the showing made by the T. W. U. A is insufficient to justify an'
election. We find no merit in the Company's position. As we have frequently stated,
authorization or membership cards are required by the Board as an administrative pre-
caution. They do not serve as proof of the precise number of employees who desire to be
represented by a labor organization , but they do provide a reasonable safeguard against
the indiscriminate use of Board proceedings by labor organizations having little or no
following among employees in units claimed to be appropriate . Matter of H. G. Hill
Stores, Inc., 39 N. L. R. B. 874.
6
:202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Company and the T. W. U. A. agree that production and main-
tenance employees of the Company constitute an appropriate unit.
They further agree that office employees, the office cleaner, the police-
men, the cook in the recreation hall, the employment clerk, executives,
superintendents, overseers, second hands, and other supervisory em-
ployees should be excluded from the bargaining unit. They disagree
as to watchmen, refreshment wagon operators, employees in the recrea-
tion hall, the supply room head, and clerical employees working in
-the mill departments.
Watchmen: The Company employs approximately three watchmen
in addition to the policemen, who the parties agree should be excluded
from the bargaining unit. The Company would exclude, and the
'T. W. U. A. include, watchmen. Despite prior bargaining history,
-the Company contends that watchmen should not enjoy the rights of
'collective bargaining, since the inclusion of watchmen in a bargaining
unit would impair their efficiency in the performance of their duties.
We find no merit in this contention. We have frequently affirmed our
finding that plant-protection employees are employees under the Act
and that they are entitled to its protection." Where such employees
.are subject to military authorities or monitorial, we have placed them
in separate units apart from production and maintenance employees.
'The Company's watchmen are uniformed, armed, and deputized, as
.required by State law. They are merely plant-protection employees,
.and, as far as the record discloses, have no monitorial duties. They
are not subject to military authority. Watchmen enjoy the benefits
and privileges of other hourly paid employees and, especially impor-
tant in this case, were covered in the second contract between the
'Company and the Local Union No. 1935.7 We shall include watch-
-men in the bargaining unit.8
Refreshment wagon operators: For the comfort of its employees,
-the Company delegates to two employees the operation of refreshment
wagons in the mill departments. The Company would exclude, and
the T. W. U. A. include, refreshment wagon operators. The refresh-
ment service is under the supervision of the employment manager.
'The refreshment wagon carries sandwiches, soft drinks, and other
articles of similar nature. Employees who Qperate the refreshment
'Matter of Chrysler Corporation , 44 N. L . R B. 881 , and cases cited therein
4 The Board found appropriate in its prior decision concerning the Company ' s employees,
-noted above , a unit of all production and maintenance employees of the Company , excluding
-clerical and supervisory employees. Following the consent election of 1940, the Company
and the U T . W. A. excluded from coverage under their first contract "executives , managers,
superintendents , overseers , second hands , watchmen, clerical employees , and store em-
ployees, " and from their second contract , "executives , managers , superintendents, overseers,
-second hands , clerical workers, technical men, and employees of the community building "
8 Matter of Hans Rees ' Sons, 61 N. L R B . 541, Matter of Peterson & Lytle, 60
N. L. R. B. 1070.
C
INMAN MILLS 2031
wagons formerly worked in production departments, and they may
return to ordinary production work without any loss of seniority
rights. They enjoy all the privileges and benefits of other hourly
paid- employees. At the time of the previous contracts noted above,.
the Company did not operate refreshment wagons in the mill depart-
ments. Since the employees who operate the refreshment wagons in
.the mill are drawn from production workers and may return to pro-
duction work without loss of seniority, we shall include them in the-
bargaining unit.
Employees in the recreational hall: In the recreational hall, sep-
arate and apart from the production departments of the mill, approxi-
mately three employees, sometimes called recreation "clerks," sell to
employees sandwiches, soft drinks, and other food products usually
carried on the refreshment wagons operated in the mill. One of these
employees operates a bowling alley. The Company would include,.
and the T. W. U. A. exclude, these employees. Since these employees,
were not covered by either of the two prior contracts between the
Company and its employees,. and since they work in a separate build-
ing apart from the mill departments, we shall exclude them from
the bargaining unit, largely made up of mill employees.
The supply room head: The supply room head is in charge of the
supply room. He issues supplies and keeps appropriate records. The
evidence does not disclose how large a proportion of his time is devoted
to clerical work. He is assisted by two supply clerks. The Company
would include, and the T. W. U. A. would exclude, this employee.
Since the supply room head is a clerical employee and only indirectly
in touch with production employees in the mill, and since all clerical
employees were excluded from the contracts between the Company and
Local Union No. 1935, we shall exclude the supply room head from the
bargaining unit.
Glerical'employees working in the mill departments: A supervisory
technical employee has charge of time-study-work under the general
superintendent of the plant. Under this technical employee are three
clerical employees who go through the mill gathering information.
about mill work and taking samples of yarn and cloth. In the techni-
cal office, where they make physical tests of the samples taken, they
make written reports of their findings. Their several reports are
compiled by the technical employee, and his findings constitute a
report of production, which is relayed to second men and other super-
visory employees, who must remedy, if possible, any faulty machine,
work which may be reported. Direct time-study investigations of em-
ployees are for the most part made personally by the technical em-
ployee. The clerks who work in his office are required to have at least
a high school education, and they are specialty selected and- trained
by the Company for their testing work. The Company and the
204 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
T. W. U. A. agreed that the technical employee is a supervisory em-
ployee and as such should be excluded from the bargaining unit.
The Company would include , and the T. W. U. A. exclude, the three
clerks. The Company did not employ clerks of this kind during the
period of its contracts with Local Union No. 1935.
Approximately five.production clerks work in the mill . departments.
Two deliver supplies and keep supply records, working part of the
time in the supply room . Others are overseers ' clerks acid keep mill
records.' These clerks are part -time timekeepers , keeping the time
'records handed in by overseers . They also make daily routine yarn
tests, write production reports, or do any other type of work which
the overseer may direct . The Company would include, . and the
T. W. U. A. exclude, these employees.
Since "clerical workers," as such , were expressly excluded from the
,prior contracts between the Company and Local Union No. 1935, we
shall exclude all clerical employees from the bargaining unit. This
finding, however , will not preclude a later determination , based upon
a new petition and a sufficient showing of representation , that these
employees may be offered an opportunity to vote as to their inclusion
in the larger unit herein found appropriate."
We find that all production and maintenance employees of the
Company, including refreshment wagon operators and watchmen,
but excluding all office and clerical employees , the office cleaner, the
employment clerk , the policemen , the cook and clerks in the recreation
hall, the supply room head , all clerical employees working in the mill
departments , executives , superintendents , overseers , second hands, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise ' effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 an election by secret ballot.
The U. T. W. A. requested that it be permitted to participate in
any election in any unit which the Board should direct as a result of
this proceeding. The T. W. U. A. makes no objection to the request.
The U. T. W. A. was the bargaining representative of employees of
the Company and it negotiated two contracts with the Company on
-their behalf. Among the employees who were members of Local
Union No. 1935, there are approximately 100 employees who have not
,affiliated with the T. W. U. A. Under these circumstances, we shall
9 Matter of C. J. Peter8on and C. F. Lytle, supra.
INMAN MILLS 205
provide that the U. T. W. A. be represented on the ballot in the
election.
The Company contends that no election should be held at this time,
when approximately 212 employees, whom the Company has agreed
to reinstate upon their discharge from military duty, are still in the
armed services. We see no reason to delay axe election and thus post-
pone the opportunity of employees presently working in the mill to
designate a bargaining representative. When it is demonstrated that
servicemen have returned to their employment with the Company-in
numbers sufficient to comprise a substantial percentage of employees
in the appropriate unit in which we have certified a collective bar-
gaining representative, a new petition for investigation and certifica-
tion of representatives may be filed with the Board, thus enabling
employees in the armed services to affirm or change the bargaining
representative selected in their absence.'°
Employees eligible to vote in the election shall be all employees of
the Company in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of the issuance'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 Rela-
tions 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 Inman Mills,
Inman, South 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 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 employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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
11 Matter of Mine Safety Appliances .Company, 55 N. L. R. B. 1190.
D
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 they desire to be represented by Textile Workers
Union of America, CIO, or by United Textile Workers of America,
A. F. of L., for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election:
I