Republic Cotton Mills

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1076 (N.L.R.B. 1945)

In the Matter of REPUBLIC COTTON MILLS and UNITED TEXTILE WORKERS
OF AMERICA, A. F. OF L.
Case No. 10-R-1572.-Decided November 29, 1945
Mr. L. W. Perrin, of Spartanburg, S. C., and Mr. George M. Wright,
of Great Falls, S. C., for the Company.
Mr. Nick Collins, of Columbia, S. C., for the Union.
Mr. John A. Nevros, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
a Upon a petition duly filed by United Textile 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
Republic Cotton Mills, Great Falls, South Carolina, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Albert D. Maynard, Trial Ex-
aminer. The hearing was held at Great Falls, South Carolina, on
September 20, 1945. The Company and the Union appeared 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 an opportunity to file briefs with fhe Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Republic Cotton Mills, a South Carolina corporation, is engaged
in the manufacture, sale, and distribution of cotton textiles in Great
Falls, South Carolina, where it operates several mills known as mills
number 1, 2, and 3. During the year ending December 31, 1944, the
Company used in excess of $1,000,000 worth of raw materials, consist-
ing principally of cotton and other supplies, 90 percent of which by
64 N. L . R. B., No. 177.
1076
REPUBLIC COTTON MILLS 1077
value was shipped to the Company's plants in Great Falls, South Car-
olina, from points outside the State of South Carolina. In the same
period the Company sold in excess of $1,000,000 worth of finished
products, 90 percent of which by value was shipped from its plants in
Great Falls, South Carolina, to points outside the State.
' The Company admits, and we find, 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 representative of certain of its employees at its mills num-
ber 1, 2, and 3 in Great Falls, South Carolina.
A statement of a Board Agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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.
1V. TIIE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that
all production and maintenance employees of Republic Cotton Mills,
at its mills number 1, 2, and 3, located at Great Falls, South Carolina,
excluding clerical, office employees, watchmen, firemen, outside help,2
and all supervisory employees of the grade of second hand and
1 The Field Examiner reported that the Union submitted 342 authorization cards; that
there were approximately 1,074 employees in the alleged appropriate unit ; and that these
cards were dated between June and September 1945.
The Company objected to the introduction into evidence of the Field Examiner's state-
ment on the grounds that the statement was based on guesses ; that there was no showing
that the signatures on the cards were valid ; and that cross-examination on the statement
was not permitted . We find no merit in the Company 's position As we have frequently
stated, authorization or membership cards are required by the Board as an administrative
precaution . They do not serve as proof of the precise number of employees who desire
to be represented by a labor organization , but they do provide a reasonable safeguard
against the indiscaiminate use of Board proceedings by labor organizations having little
or no following among employees in units claimed to be appropriate . Thus, in view of
the limited purpose of the Field Examiner 's statement , we do not permit any parties to
challenge its truth See Matter of Lalanee if Groslean Manufacturing Co., 63 N. L. R. B.
130; Matter of Sunset Motor Lines , 59 N. L. it. B. 1434 ; Matter of H. G. Hall Stores, Inc.,
Warehouse, 39 N. L. it. B. 874.
x The parties agreed that outside employees include laborers working on the lawns,
carpenters , and cotton truckers
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above,' and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively to recommend such action, con-
stitute a unit appropriate fo'r 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 an election by secret ballot among em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. °
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 Re-
lations 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 representa-
tives for the purposes of collective bargaining with Republic Cotton
Mills, Great Falls, South Carolina, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction, 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, 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 preced-
ing 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 including employees in the armed forces of
the United States who present 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
Textile Workers of America, A. F. of L., for the purposes of collective
bargaining.
3 Included in this group, in ascendant order, are : second hands , foremen, overseers,
plant superintendents , general superintendent, and general manager.