Reliance Manufacturing Co. of Hattiesburg, Mississippi

National Labor Relations Board - Board Decisions

Apr 21, 1945

61 N.L.R.B. 673 (N.L.R.B. 1945)

In the Matter Of RELIANCE MANUFACTURING COMPANY OF HATTIESBURG,
Mississippi and UNITED GARMENT WORKERS OF AMERICA , A. F. OF L.
Case No. 15-R-1328 .-Decided April 21,1945
Mr. Sam Manaecus, of Chicago, Ill., for the Company.
Mr. M. G. Sparks, of Meridian, Miss., Mary S. Densinore, of Bir-
mingham, Ala., and Mr. Dan P. Ritter, of Kansas City, Kans., for the
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Garment Workers of America,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Reliance Manufacturing Company of Hattiesburg, Mississippi, Hat-
tiesburg, Mississippi, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before LeRoy Marceau, Trial Examiner. Said hearing was held at
Hattiesburg, Mississippi, on April 5, 1945. The Company and the
Union appeared, participated, 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 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
Reliance Manufacturing Company of Hattiesburg, Mississippi, is a
Mississippi corporation engaged in the manufacture of garments at
Hattiesburg, Mississippi. During 1944 the Company purchased raw
materials valued at about $700,000, approximately 90 percent of which
was shipped to it from points outside the State of Mississippi. Dur-
61 N. L. R. B, No. 106.
673
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the same period the Company sold products valued at about
$1,000,000, over 90 percent of which was shipped to points outside the
State of Mississippi.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Garment Workers of America is a labor organization af-
filiated with the American Federation of Labor, admitting to member-
ship employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On March 3, 1945, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company did not reply to this request.
A statement of an agent of the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.,-
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.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees, at the Hattiesburg plant of
the Company, excluding clerical employees, superintendents, f ore-
ladies, foremen, and any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute a unit appropriate 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
1 The Board agent reported that the Union presented 405 application cards. There
are approximately 600 employees in the appropriate unit.
RELIANCE MANUFACTURING COMPANY 675
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 Relations 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 represent-
atives for the purposes of collective bargaining with Reliance
Manufacturing Company of Hattiesburg, Mississippi, Hattiesburg,
Mississippi, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director for
the Fifteenth 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 during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding any 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 or
not they desire to be represented by United Garment Workers of
America, A. F. of L., for the purposes of collective bargaining.