Orange Cotton Mills

National Labor Relations Board - Board Decisions

Jun 26, 1946

69 N.L.R.B. 93 (N.L.R.B. 1946)

In the Matter Of MRS. LYALL M. WANNAMAKER, EXECUTRIX OF THE
ESTATE OF WILLIAM W. WANNAMAKER D/B/A ORANGE COTTON
MILLS 1 and UNITED TEXTILE WORKERS OF AMERICA, A. F. L.
Case No. 1O-R-1'755.-Decided June 26, 1946
Messrs. T. B. Bryant and A. J. M. Wannamaker, both of Orange-
burg, S. C., for the Company.
Mr. Nick Collins, for the Union.
Mr. Martin E. Rendelman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon a petition duly filed by the United Textile Workers of Amer-
ica, A. F. L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Mrs. Lyall M. Wannamaker, Executrix of the Estate of William W.
Wannamaker d/b/a Orange Cotton Mills, Orangeburg, South Caro-
lina, herein called the Company, the National Labor Relations Board
on April 12, 1946, conducted a preliearing election pursuant to Article
III, Section 3, of the National Labor Relations Board Rules and Regu-
lations,2 among employees of the Company in the alleged appropriate
unit, to determine whether or not they desired to be represented by
the Union for the purposes of collective bargaining. At the close of
the election the Tally of Ballots cast in the election was as follows:
Approximate number of eligible voters ----------------------- 210
Void ballots----------------------------------------------- 1
Votes cast for Union---------------------------------------- 147
Votes cast against Union--------------
Challenged ballots ------------------------------------------ 11
Valid Ballots counted plus challenged ballots--- ------------ 164
I Name as amended at the hearing.
2 By amendment of November 27, 1945. this Section of the Rules now permits the conduct
of a secret ballot of employees prior to bearing in cases which present no substantial issues-
69 N L R B., No. 10.
93
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company thereafter refused to sign a Recognition Agreement
of Stipulation for Certification after election. Pursuant to Article
III, Section 10, of the Rules and Regulations,' the Board thereafter
provided for an appropriate hearing upon due notice before Albert
B. Maynard, Trial Examiner. The hearing was held at Orangeburg,
South Carolina, on May 14, 1946. The Company and the Union ap-
peared and participated. 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
Mrs. Lyall M. Wannamaker, Executrix of the estate of William
W. Wannamaker, d/b/a/ Orange Cotton Mills, is engaged in the
manufacture, sale, and distribution of cotton, yarn, twine and rope
at a plant in Orangeburg, South Carolina. During the year 1945
the Company purchased raw materials valued in excess of $500,000,
75 percent of which was shipped to its plant from points outside the
State of South Carolina. During the same period, the Company sold
finished products valued in excess of $1,000,000, 90 percent of which
was shipped to points outside the State of South Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile Workers of America, is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
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.
'As amended November 27, 1945 , this Section provides that where the initial hearing
is held after the election , all issues , including Issues with respect to the conduct of the
election or conduct affecting the election results and issues raised by challenged ballots
shall be heard at such hearing.
ORANGE COTTON MILLS
IV. TILE APPROPRIATE UNIT
95
The Company and the Union agree that all the production and
maintenance employees, excluding clerical and supervisory employees,
constitute an appropriate unit for collective bargaining purposes.
Some question has arisen, however, as to the supervisory status of nine
employees.4
There is substantial uncontroverted testimony that the employees
in question have no authority to hire, discharge, discipline, promote,
or transfer other employees, or effectively recommend such action.
The doubt as to their status arises from the fact that these employees
are nominally in charge of their respective mill groups and also act as
intermediaries between the other employees in their respective groups,
and the mill superintendent. These employees are not vested with
sufficient indicia of supervisory authority to warrant the conclusion
that they fall within our usual definition of supervisory employees.
We shall, therefore, include them in the unit hereinafter found ap-
propriate.
We find that all production and maintenance employees of the
Company,5 excluding clerical employees, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively reconl-
lnend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (c) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held previous to the hearing show that
the Union received an overwhelming majority of the valid votes cast.
As the challenged ballots in no way affect the results of the election,
we shall certify the Union as the collective bargaining representa-
tive of the employees in the appropriate unit.'
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
' David White, Willie Way, Sumbers E Courtney, James Darnell, Lola Lee, Leroy Myers,
George Medlin, Woodrow Ackerman , and Charlie Davis.
5 Including the employees named in footnote 4, above
6 As indicated above, there were 11 challenged ballots The ballots of the 9 employees
whose supervisory status was in question were challenged by the Board ' s agent, the 2 re-
maining challenges to the ballots of Laurie Phillips and Smith Beach were registered by
the Company , which contended that the former was not employed during the eligibility
period and that the latter was not employed on the (late of the election Since the Union
has received a majority of the valid votes cast plus the challenged ballots, we find it unneces-
sary to direct that the ballots of the 9 employees whose supervisory status was in question
be opened and counted , nor do we find it necessary to determine whether the challenges to
the ballots of Phillips and Beach should be sustained or overruled.
96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that United Textile Workers of America,
affiliated with the American Federation of Labor, has been designated
and selected by a majority of all production and maintenance em-
ployees of Mrs. Lyall M. Wannamaker , Executrix of the Estate of
William W. Wamnamaker d/b/a/ Orange Cotton Mills, Orangeburg,
South Carolina, excluding clerical employees and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees , or effectively
recommend such action , as their representative for the purposes of
collective bargaining, and that pursuant to Section 9 (a) of the Act,
the said organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages , hours of employment, and other conditions of employ-
ment.