Lincoln Mills of Alabama

National Labor Relations Board - Board Decisions

Jun 3, 1939

13 N.L.R.B. 86 (N.L.R.B. 1939)

In the Matter of LINCOLN MILLS OF ALABAMA and TEXTILE WORKERS
ORGANIZING COMMITTEE
Case No. R-1034
AMENDMENT TO SECOND DIRECTION OF ELECTION
June 3, 1939
On May 26, 1939, the National Labor Relations Board, herein called
the Board, issued a Supplemental Decision and Second Direction of
Election 1 in the above-entitled proceeding. The Second Direction
of Election provided that an election by secret ballot be conducted
within fifteen (15) days from the date of the Direction, among all the
production and maintenance employees, including utility maintenance
men, watchmen, and second hands, who were employed by Lincoln
Mills of Alabama, Huntsville, Alabama, during the pay-roll period
ending February 11, 1939, including employees who did not work
during such pay-roll period because they were ill or on vacation, plus
persons employed from February 11, 1939, to the date of the election,
plus employees laid off because of any seasonal slack in business from
February 11, 1939, to the date of the election, but excluding super-
visory employees having the power to hire and discharge and those
who have since voluntarily quit or been discharged for cause, to deter-
mine whether they desire to be represented for the purposes of collec-
tive bargaining by Textile Workers Organizing Committee, affiliated
with the Committee for Industrial Organization, by the American
Federation of Labor, or by the Progressive Workers of America, or
by none of these labor organizations.
Having been advised that the American Federation of Labor does
not desire its name to appear upon the ballot, the Board hereby
amends the Second Direction of Election issued on May 26, 1939, by
striking therefrom the words "to determine whether they desire to
be represented for the purposes of collective bargaining by Textile
Workers Organizing Committee, affiliated with the Committee for
Industrial Organization, by the American Federation of Labor, or by
the Progressive Workers of America, or by none of these labor organ-
izations" and substituting therefor the words "to determine whether
they desire to be represented for the purposes of collective bargaining
112 N. L. R. B. 1285.
13 N. L. R. B., No. 12.
86
LINCOLN MILLS OF ALABAMA 87
by Textile Workers Organizing Committee, affiliated with the Com-
mittee for Industrial Organization, or by the Progressive Workers
of America, or by neither of these labor organizations." The Board
hereby further amends its Second Direction of Election, by striking
therefrom the words "within fifteen (15) days from the date of this
Direction" and substituting therefor the words "within twenty (20)
days from the date of this Direction."
[ SAME TITLE]
SECOND SUPPLEMENTAL DECISION
June 7, 1939
On May 26, 1939, the National Labor Relations Board, herein called
the Board, issued a Supplemental Decision and Second Direction of
Election in the above-entitled proceeding. On June 3, 1939, the
Board issued an Amendment to Second Direction of Election. The
Second Direction of Election, as amended, directed that an election
by secret ballot be conducted within twenty (20) days from the date
of the Direction, among all the production and maintenance employ-
ees, including utility maintenance men, watchmen, and second hands,
who were employed by Lincoln Mills of Alabama, Huntsville, Ala-
bama, during the pay-roll period ending February 11, 1939, including
employees who did not work during such pay-roll period because they
were ill or on vacation, plus persons employed from February 11, 1939,
to the date of the election, plus employees laid off because of any
seasonal slack in business from February 11, 1939, to the date of the
election, but excluding supervisory employees having the power to
hire and discharge and those who have since voluntarily quit or been
discharged for cause, to determine whether they desire to be repre-
sented for the purposes of collective bargaining by Textile Workers
Organizing Committee, affiliated with the Committee for Industrial
Organization, or by the Progressive Workers of America, or by
neither of these labor organizations.
On June 5, 1939, the T. W. O. C. filed with the Board a "Petition
for Rehearing and Brief in Support Thereof." The petition for "re-
hearing" evidently did not seek the taking of any further evidence,
for in the brief it was stated that "petitioner requests no further oral
argument or briefs, but only the careful scrutiny of the record and
the briefs heretofore filed," and was further urged that "upon such
rehearing, petitioner requests that the Second Direction of Election
be amended to direct a second election based upon the eligibility date
of January 1, 1938."
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The burden of the T. W. 0. C.'s contention appears to be that :
(1) neither in its original Decision and Direction of Election nor in
its Supplemental Decision and Second Direction of Election did the
Board discuss a stipulation among the parties that the pay roll of
January 1, 1938, should govern eligibility to vote in an election; and
(2) in its Supplemental Decision and Second Direction of Election,
the Board erroneously stated that the T. W. 0. C. desired dismissal of
its petition should the Board fail to grant its contention for a January
1, 1938, eligibility date. As to the second point, it appears that the
T. W. 0. C.'s request had been for dismissal of its exceptions to the
Intermediate Report of the Regional Director on the results of the
first election, held in November 1938, and not for dismissal of its
petition. However, the T. W. 0. C. had also requested "that no
further election be ordered" unless its contention as to eligibility date
be granted. Since the first election had not resulted in the selection
of any bargaining agency, the Board construed the request as in
effect a request for dismissal of the petition for investigation and cer-
tification of representatives. In its latest brief, the T. W. 0. C. states
its willingness to proceed with another election, however, and merely
objects to the inaccurate statement of the nature of its request. The
above discussion will serve to remove any misunderstanding which
has arisen as to the precise nature of the T. W. 0. C. request.
The important issue before us now concerns the eligibility date
for an election. In our Supplemental Decision, we discussed at some
length the evidence regarding the appropriate pay roll for use in
an election, and concluded that a recent pay roll was preferable
to that of January 1, 1938. In its brief, the'T. W. 0. C. now
contends that whatever may be the merit of the Board's decision on
the evidence, the matter should have been regarded as conclusively
settled by virtue of a.stipulation of all parties at the first hearing in
the case, in which it was agreed that the January 1, 1938, pay roll
should be used. It further contends that since the Board did not dis-
cuss the stipulation in either of its decisions, the stipulation evidently
was not considered by the Board.
The stipulation was considered by the Board, both in connection
with the original Decision and Direction of Election and in connec-
tion with the Supplemental Decision and Second Direction of Elec-
tion, although it was not mentioned in the decisions themselves in the
course of the discussion of the appropriate eligibility date. The
reasons for not adopting the January 1, 1938, pay roll, in accordance
with the agreement of the parties at the first hearing, were briefly
as follows :
At the time of the first hearing, in September 1938, no evidence
was introduced to show that all those employed on January 1, 1938,
LINCOLN MILLS OF ALABAMA 89
and dismissed at that time because of suspension of operations, had
any assurance of being returned to work with the Company. Only
about 837 of the approximately 1,550 employed on January 1 had
been taken back at the time of the hearing, and the record did not
reveal that the rest were likely to be returned to work. On the facts
before us then, we did not feel warranted in providing that all 1,550
of the workers on the January pay roll should vote, despite the agree-
ment of the parties as to that pay roll. Evidence was later introduced,
in a supplemental hearing held after the election, showing that the
Company had in fact increased its force until it had reached approxi-
mately 1,250 in February 1939, and had restaffed its plant from the
list of those employed on January 1, 1938.
It may well be, particularly in view of the evidence adduced at the
second hearing, that we erred in not accepting the January 1, 1938,
pay roll for the first election, in accordance with the stipulation.
However, when our Second Direction of Election was issued, so much
time had elapsed that to use that pay roll in the second election would
have been to govern eligibility to vote by a list 16 months old. And
while the stipulation presumably expressed the desires of the parties
at the time of the first hearing with respect to any election held within
a reasonable time thereafter, it evidently did not still do so at the time
of the second hearing, since the Company and the Progressive Work-
ers of America then urged the use of the February 11, 1939, pay roll
for the second election. Under all the circumstances, we considered
that the fairest procedure was to use the February 1939 pay roll, but
to provide also for voting by any additional employees recalled to
work between that time and the time of the election, and we so
ordered. It was for these reasons that we declined to accept the stipu-
lated pay roll of January 1, 1938, and we reaffirm our decision in
that regard. Under the circumstances, we will not disturb the Di-
rection of Election, as amended, which provides for an election
within 20 days from May 26, 1939.
13 N. L. R. B., No. 12a.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
July 6, 1939
On May 26, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision and Second Direc-
tion of Election in the above-entitled proceeding. On June 3, 1939,
the Board issued an Amendment to Second Direction of Election.
The Second Direction of Election, as amended, directed an elec-
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lion by secret ballot be conducted within twenty (20) days from the
date of the Direction, among all the production and maintenance
employees, including utility maintenance men, watchmen, and second
hands, who were employed by Lincoln Mills of Alabama, Huntsville,
Alabama, during the pay-roll period ending February 11, 1939, in-
cluding employees who did not work during such pay-roll period
because they were ill or on vacation, plus persons employed from
February 11, 1939, to the date of the election, plus employees laid off
because of any seasonal slack in business from February 11, 1939,
to the date of the election, but excluding supervisory employees hav-
ing the power to hire and discharge and those who have since
voluntarily quit or been discharged for cause, to determine whether
they desire to be represented for the purposes of collective bargaining
by Textile Workers Organizing Committee, affiliated with the Com-
mittee for Industrial Organization, or by the Progressive Workers
of America, or by neither of these labor organizations.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on June 14, 1939, at Huntsville, Alabama, under the
direction and supervision of the Regional Director for the Tenth
Region (Atlanta, Georgia). On June 16, 1939, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, served
upon the parties an Intermediate Report on the ballot. No objec-
tions or exceptions to the Intermediate Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote-- ----------- ---------------- 1277
Total ballots cast---------- -------------------------------- 1154
Total number ballots cast for Textile Workers Organizing
Committee , affiliated with the Committee for Industrial
Organization-------------------------------------------- 582
Total number ballots cast for Progressive Workers of Amer-
ica------------------------------------------------------ 537
Total number ballots cast for neither of these labor organiza-
tions----;----------------------------------------------- 29
Total number challenged ballots---------------------------- 3
Total number of void ballots ------------------------------ 0
Total number of blank ballots ------------------------------ 3
On June 13, 1939, the day before the election, Textile Workers
Union of America filed with the Board a Petition for Substitution
of Parties, reciting that it had succeeded to all of the rights of the
Textile Workers Organizing Committee through certain recent con-
solidation proceedings. The petition requested that Textile Workers
Union of America be substituted for Textile Workers Organizing
LINCOLN MILLS OF ALABAMA 91
Committee as petitioner in this proceeding. Copies of the petition
were transmitted to counsel for all other parties on the same day.
No objections to the substitution have been filed by any of the parties,
and we see no reason to deny the request for substitution. We will
accordingly certify the Textile Workers Union of America as the ex-
clusive representative of the employees of the Company in the
appropriate unit.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that Textile Workers Union of America has
been designated and selected by a majority of the production and
maintenance employees of Lincoln Mills of Alabama, Huntsville,
Alabama, including utility maintenance men, watchmen, and second
hands, but excluding supervisory employees having the power to hire
and discharge, as their representative for the purposes of collective
bargaining, and that, pursuant to the provisions of Section 9 (a) of
the National Labor Relations Act, Textile Workers Union of America,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
13 N. L. R. B.,No. 12b.