Miles Linen Co.

National Labor Relations Board - Board Decisions

Apr 16, 1941

31 N.L.R.B. 1 (N.L.R.B. 1941)

DECISIONS AND ORDERS OF THE NATIONAL LABOR
RELATIONS BOARD
In the Matter of MILES LINEN COMPANY, A CORPORATION and UNITED
TEXTILE WORuERs UNION, LocAL No. 2090 ' -
Case No. R-2280.Decided April 16, 1941
Jurisdiction : linen thread, twine and netting, and Manila netting manufacturing
. industry. ,
Investigation and Certification of Representatives : existence 'of question : re-
fusal to accord union recognition until it is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its Salem plant, excluding supervisory and clerical employees ; stipulation
as to.
Mr. E. L. Crawford, of Salem, Oreg., for the Company.-
Mr. Duncan Campbell, of Portland, Oreg., and Mr. C. W. Crary,
of Salem, Oreg., for the Union.
Mr. Robert F. Koretz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 27, 1940, United Textile Workers Union, Local No.
2090, herein called the Union, filed a petition with the Regional Direc-
tor for the Nineteenth Region (Seattle, Washington), alleging that
a question affecting commerce had arisen concerning the representation
of employees of Miles Linen Company, Salem, Oregon, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of, the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On January 9, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
31 N.L. R.B,No.1. 1
2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On January 14, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon the
Union. Pursuant to the notice, a hearing was held on January 30,
1941, at Salem, Oregon, before Patrick H. Walker, the Trial Exami-
ner duly designated by the Chief Trial Examiner. The Company and
the Union were represented by counsel or by a representative, partici-
pated in the hearing, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. During the course of the hearing the Trial
Examiner made several rulings upon objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rulings
are hereby affirmed. On February 12, 1941, the Company submitted
a brief which the Board has considered.
On March 26, 1941, subsequent to the hearing, there was, lodged
with the Board for filing as part of the record herein a certain
stipulation in writing, entered into by the Company and the Union.
The Board hereby approves said stipulation and directs that it be
'filed instanter as part of the record herein.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Miles Linen Company, an Oregon corporation with its plant at
Salem, Oregon, herein called the Salem plant , is engaged in the
manufacture of linen thread , twine and netting, and Manila netting.
It is a wholly owned subsidiary of Linen Thread Company , Incorpo-
rated, which directs the labor relations policy of the Company. Dur-
ing the fiscal year ending September 30, 1940, the approximately 40,000
pounds of raw materials used by the Company in the course of pro-
duction, consisting principally of flax and manila twine, were pur-
chased and shipped to the Salem plant from foreign countries or
States other than Oregon. ' In the same period the Company's sales
of finished products amounted to about $150 ,000, about 50 per cent of
which were shipped to customers outside the State of Oregon. The
Company's parent corporation , Linen Thread Company , acts as sell-
ing agent for the Company . All sales of the Company 's products are
made by jobbers ,who deal with the Linen Thread Company at its San
Francisco office. The Company employs approximately 45 persons
at the , Salem plant.
I The Company introduced evidence to the effect that it is difficult to obtain the imported
flax used in the manufacture of linen thread , twine, and netting because of the war ; that
inability to obtain such raw materials might ultimately require the cessation of manufac-
ture of linen thread and netting ; and that the Company has begun to manufacture products
adapted to the use of "local flax ." It was admitted , however, that said inability to obtain
iaw materials was a matter of "speculation" or "conjecture "
MILES LINEN COMPANY' e)
. H. THE ORGANIZATION INVOLVED
United Textile Workers, Local No., 2090, is a labor organization
affiliated with American Federation of Labor. It admits to member-
ship employees of the Company at the Salem plant.
III: THE QUESTION CONCERNING REPRESENTATION
The Company refused and refuses to recognize or otherwise bargain
collectively with the Union until it is certified by the Board. The
Company and the Union stipulated and agreed that a substantial
number of employees within the unit hereinafter found to be appro-
priate have designated the Union as their representative for the pur-
poses of collective bargaining.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
with foreign countries, and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union stipulated and agreed, and we find,
that all employees of the Company at its Salem plant, excluding super-
visory and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining, and that.such unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We shall use as the date for determining eligibility of em-
ployees to vote the pay-roll period immediately preceding the date
of the Direction of Election, subject to such limitations and additions
as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
441843-42-vol. 31-2
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CONCLusIONs OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Miles Linen Company , Salem , Oregon,
within the meaning of Section 9 (c) and Section 2 ( 6) and (7) of the
National Labor Relations Act.
2. All employees of the Company at its Salem plant , excluding
supervisory ,and clerical employees , constitute ' a unit appropriate for
the purposes of collective bargaining , within the meaning of Section
9 (b) of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby,
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Miles Linen Company, Salem, Oregon, 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 Nineteenth 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 at its Salem plant 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 employees who have since quit or been discharged
for cause, and also excluding supervisory and clerical employees, to
determine whether or not they desire to be represented by United
Textile Workers Union, Local No. 2090, for the purposes of collective
bargaining.