Magnet Mills, Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1942

42 N.L.R.B. 574 (N.L.R.B. 1942)

In the Mattel Of MAGNET MILLS, INc, and ANDERSON COUNTY
EMPLOYEES ASSOCIATION -
Cuae No R-5829 -Deculed July 17, 194
Jurisdiction : hosiery manufacturing industry
Investigation and Certification of Representatives ' existence of question re-
fusal to accord any labor organization recognition until ceitihed by Board,
election necessary
Unit Appropriate for Collective Bargaining . all pioduction and maintenance
employees at Company's two plants, excluding super visois clei a al employees,
and employees on annual salaries
Mr T A Wright, Jr, of Knoxville, Tenn , for the Company
Mr Sam K Carson, of Clinton, Tenn , for the Association
Mr H. G B Kinq, of Chattanooga, Tenn , for the C I 0
Mr Robert E Tilbman, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
J
Upon petition duly filed by Anderson County Employees Associa-
tion, herein called the Association , alleging that a question affecting
commerce had arisen concerning the repiesentation of employees of
Magnet Mills, Inc, Clinton , Tennessee , herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice , before Alexander E Wilson, Jr, Trial Ex-
aminer Said hearing was held at Knoxville, Tennessee, on Mai 13,
1942 The company , the Association , and the American Federation
of Hosiery Workers , Local Branch 125, affiliated with the Congress
of Industrial Organizations, herein called the C I 0, appeared, par-
ticipated , and 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 piejudicial error and are hereby affirmed
Upon the entire record in the case, the Board makes the following :
42 N L R B, No 118
574
MAGNET MILLS, INC
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
575
Magnet Mills, Inc, a Delaw,ue corporation, is engaged In the'
manufacture of ladies, full fashioned and seamless hosiery. Its
principal office and mill ale located at Clinton, Tennessee, where it
manufactures full fashioned hosiery It also operates a small seam-
less hosiery mill at Lake City, Tennessee During 1941, the Com-
pany purchased raw materials of a value of $1,252,335, of which
74 percent originated outside the State of Tennessee During the
same period, the Company's gross sales amounted to $3,051,632, of
which 93 8 pen cent was shipped outside the State of Tennessee
The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act
11 TIIE ORGANIZATIONS INVOLVED
Anderson County Employees Association `is an unaffiliated labor
organization admitting to membership employees of the Company.
American Federation of Hosiery Worker",,,, Local Branch 125,
is a labor organization affiliated with the Congress of Industrial
Organizations It admits to membership employees of the Com-
pany
III THE QUESTION CONCERNING REPRESENTATION
On DeRembet 17, 1941, the Association requested the Company
to recognize it as the exclusive baigaiuing agent of the Company's
employees, but the Company has-iefused to deal with any labor
organization unless and until it is ceitified by the 'Boaid
A statement of a Field Examnler intioduced in evidence at the
hearing, indicates that the Association represents a substantial num-
ber of employees in the unit hereinafter found appropriate I
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT
The Association requested a unit of all production and ma iite-
nance employees of the Company's plants in Lake City and Clinton,
'The Field Examiner stated that the Association sibuutted 449 authoniation cards
_to hill) dlted between Noiembe, 11, 1941 and Much 1, 1942, that all bole apparently
genuine signatures that 415 of the signatures-were names of peisons on the in ioll
of T innni y 10, 1942, I N11101 listed apps oXnnatelY 868 pci sons In the unit hereinaftei
found appiup,iate The C 1 0 ietused to submit cards To show its inteiest, it retie,
upon the fact that it polled 334 notes out of 863 cast in 1 consent election held 'unions
the Comp un s employees on Octobei 3 1941
576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Tennessee , excluding Supervisors , cleiical employees , and employees
on annual salaries
The Company , while not urging an election , stated that if an
election were ordered , it favored a unit which would include the
employees of both the Lake City and Clinton plants
The C I 0 conceding that under normal encumstances the appro-
priate unit would embrace all production and maintenance em-
ployees, contends that, the knitting department should be a separate
unit apart from the production and maintenance unit In its inter-
vening petition , and at the hearing , the C I 0 claimed that it rep-
resented a majority of all the production and maintenance employees,
but, because of coercion by the Company , town officials and business
interests , it had lost the consent election conducted on October 3,
1941 , and could no longer prove that it i epi esented a majority of
all the employees However, it claimed that it still represented a
majority of the employees in the knitting department In connec-
tion with its allegations of coercion , the C I 0 stated that it had
filed charges of unfair labor practices against the Company on or
about October 1, 1941. The Regional Diiector on or about April
16, 1942, refused to issue a complaint The C I 0 then appealed
to the Board On July 13 , 1942, the appeal was dismissed
There has been no collective bargaining in the plants involved in
this proceeding , but the Company enteied into a consent election
agreement with the C I 0 ,, pursuant to which the aforemen-
tioned election was held among the employees in the same unit
now requested by the Association The record discloses0 that the
Association was organized subsequent to this election , its first mem-
ber. ship card having been signed November 11, 1941 We are of the
opinion that no circumstances have arisen which war rant any
modification of the unit which the C I 0 agreed was appropriate
at the time of the consent election in October 1941
We find that all production and maintenance employees of the
Company at its Lake City and Clinton, Tennessee, plants, excluding
supervisors , clerical employees , and employees on annual salaries,
constitute a unit appropriate for the purposes of collective bargain-
ing 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 duiing
the pay-roll period immediately preceding the date of our Direction
of Election, subject to the limitations and additions set forth therein
MAGNET MILLS, INC. 577
The C I . O. stated that if the Board ordered an election , it desired
its name to appeal on a ballot in which the knitting department
would be set up as a separate unit The C. I 0 further asserted
that it intended to file a petition asking that the knitting department
be set off as a separate unit In view of these assertions , we shall
not include the name of the C I 0 on the ballot in the election
ordered herein , but we shall direct that if the C I. 0 desires to
participate in the election it shall notify the Regional Director for
the Tenth Region to that effect not later than five (5) days after the
date of this Direction of Election, whereupon its name will be placed
upon the ballot In the absence of some such notice, its name will
not appear upon the ballot
DIRECTION OF ELECTION
By viitue 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 Ill, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it, is
hereby _
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Magnet Mills,
Inc , Clinton , Tennessee , at its plants in Clinton and Lake City,
Tennessee , 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 of Election , 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, Section 9, of said Rules and Regulations , among 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 this Direction , including employees who did not work
during such pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause , to determine whether or not they
desne to be represented by Anderson County Employees Association
for the purposes of collective bargaining.
472814-42-vol 42-37