Saxon Mills

National Labor Relations Board - Board Decisions

Jan 15, 1936

1 N.L.R.B. 153 (N.L.R.B. 1936)

In the Matter Of SAXON MILLS and LOCAL UNION No. 1882, UNITED
TEXTILE WORKERS OF AMERICA
Case No. R-11.-Decided January 15, 1936
Cotton Textile Industry-Strike-Unit Appropriate for Collective Bargaining:
plant-Election Ordered : question affecting commerce : confusion and unrest
among employees-controversy concerning representation of employees : ma-
jority status disputed by employer ; request by substantial number in appro-
priate unit-Certification of Representatilves.
Mr. Mortimer Kollender for the Board.
Mr. L. W. Perrin and Mr. J. A. Law, of Spartanburg, S. C., for
the Company.
Mr. John C. Williams and Mr. C. C. Brown, of Spartanburg, S. C.,
for Local No. 1882.
Mr. Melvin C. Smith, of counsel to the Board.
DECISION
STATEMENT OF CASE
A petition for an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, ap-
proved July 5, 1935, and Article III, Section 1, of the National Labor
Relations Board Rules and Regulations-Series 1, was filed with the
Regional Director for the Tenth Region by Local Union No. 1882,
United Textile Workers of America, on October 25, 1935, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of the employees of Saxon Mills. The National Labor
Relations Board duly authorized the Regional Director to conduct
an investigation pursuant to Section 9 (c) of the Act. In connection
therewith the Regional Director issued a Notice of Hearing, Novem-
ber 4, 1935, setting a hearing for November 14, 1935, at 10 o'clock in
the forenoon, Federal Building, Spartanburg, South Carolina. On
November 11, 1935 an amended notice of hearing was issued by the
Regional Director and duly served, postponing the hearing from
November 14, 1935, to November 21, 1935, at the same time and place.
A hearing was held on November 21 and 22, 1935, before a Trial
Examiner designated by order of the Board. The Saxon Mills was
represented by counsel and participated in the proceedings. Upon
153
154 NATIONAL LABOR RELATIONS BOARD
the evidence adduced at the hearing and from the entire record now
before it the National Labor Relations Board promulgates the fol-
lowing :
FINDINGS OF FACT
1. The Saxon Mills is a corporation organized under and existing
by virtue of the laws of the State of South Carolina, having its
principal office and place of business immediately adjacent to the
City of Spartanburg , in the County of Spartanburg , State of South
Carolina , and is now and has continuously been engaged in its plant
in the County of Spartanburg , State of South Carolina , in the pro-
duction and sale of cotton goods, principally cotton print cloth.
2. The cotton goods manufactured by the Saxon Mills are pro-
duced from cotton obtained principally from states other than South
Carolina , i. e., North Carolina , Georgia, Alabama , Arkansas , Tennes-
see, Mississippi and Oklahoma . The cotton is purchased at the
Saxon Mills warehouse , to which it is shipped by any one of several
purchasing agents, having offices in the City of Spartanburg, South
Carolina, with whom the Saxon Mills contracts for supply of said
cotton upon demand. The Saxon Mills warehouse is a part of and
bonded by the State Warehouse- System.
More than ninety-five percent of the cotton goods manufactured by
the Saxon Mills is shipped to various states of the United States
other than the State of South Carolina . All of the cotton goods reach
the markets through Wm. Iselin & Co ., of New York , N. Y., a cotton
factor, and Iselin , Jefferson & Co., of New York , N. Y., commission
merchants . A portion of the Saxon Mills warehouse is leased to Wm.
Iselin & Co ., who employ a custodian for the premises , to whom
the cotton goods are consigned . Subsequently the cotton goods are
released from the warehouse for sale through Iselin, Jefferson & Co.
All shipments are made f . o. b. Saxon Mills or Spartanburg , and all
invoices are billed to Iselin, Jefferson & Co., who collect therefor.
3. Local Union No. 1882, United Textile Workers of America,
hereinafter referred to as Local No. 1882, is a labor organization
affiliated with the American Federation of Labor. Local No. 1882
was organized and received its charter from the United Textile
Workers of America in September , 1933. Employees of Saxon Mills
not employed in a supervisory or clerical capacity are eligible for
membership in Local No. 1882.
4. Subsequent to the organization of Local No. 1882, a Shop Com-
mittee, composed of three members, was elected by Local No. 1882 for
the purpose of meeting and bargaining with the nianagenient of the
Saxon Mills in matters concerning the employees of the Saxon Mills.
The Shop Committee did so meet with the management of the Saxon
Mills, but the management does not and has never acknowledged,
DECISIONS AND ORDERS 155
although it has been so informed by the Shop Committee on various
occasions, that the Shop Committee or Local No. 1882 represents a
majority of its employees.
5. On September 1, 1934, at the same time that a general strike in
the textile industry was in progress, a strike was called by Local No.
1882 at the Saxon Mills and all of the employees went out on strike
and the plant closed down. The strike lasted for approximately three
weeks, and the Saxon Mills did not resume operations until five or
six days after the strike was called off.
6. On July 19, 1935 a meeting was held between the management
of Saxon Mills and the Shop Committee, at which meeting certain
grievances concerning conditions of employment, decreased wages
and increased work loads were presented by the Shop Committee.
No adjustment was made of these matters, and on July 30, 1935 a
strike was called by Local No. 1882 and the Saxon Mills ceased oper-
ations, closed the plant, and has never resumed operations since July
'30, 1935. The strike is still in progress, and meetings between the
management of the Saxon Mills and the Shop Committee subsequent
to July 30, 1935, with a view to reaching a satisfactory strike settle-
ment, have been to no avail.
7. As of July 30, 1935 there were 513 employees on the Saxon Mills
payroll, 484 of whom were employed in the mill proper, inclusive of
supervisors, foremen and second hands, but exclusive of store em-
ployees, outside employees and clerical employees. The exact number
of employees, exclusive of those engaged in a supervisory or clerical
capacity, is not in evidence.
The membership rolls of Local No. 1882 disclose that 274 employees
of the Saxon Mills were members of the local union as of July 30,
1935, and 56 new members, employees of the Saxon Mills, have joined
Local No. 1882 since July 30, 1935, making a total of 330, the present
membership.
8. On August 12, 1935 approximately 312 employees of the Saxon
Mills signed statements giving their support to the Shop Committee
and agreeing not to return to work until a satisfactory settlement had
been reached. However, it appears in the record that, subsequent to
August 12, 1935, forty to fifty or more of the employees who had
signed such statements have informed the management of the Saxon
Mills that they no longer wish Local No. 1882 to represent them in
matters of collective bargaining.
9. As previously stated all employees of Saxon Mills, with the ex-
ception of those engaged in a supervisory or clerical capacity, are
eligible for membership in Local No. 1882. No issue has been raised
in this matter relative to whether such a unit is a unit appropriate
for the purposes of collective bargaining.
156 NATIONAL LABOR RELATIONS BOARD
CONCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. A majority of the raw cotton used by the Saxon Mills in the
course and conduct of its business at its plant located in Spartan-
burg County, South Carolina, is purchased and transported in inter-
state commerce from and through states of the United States other
than the State of South Carolina, and substantially all of its cotton
goods manufactured at the aforesaid plant are sold and transported
in interstate commerce to, into and through states of the United
States other than the State of South Carolina, all of the aforesaid
constituting a continuous flow of trade, traffic and commerce among
the several states.
2. Local No. 1882 has been selected by a substantial number of
employees of the Saxon Mills to represent them for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.
3. The Saxon Mills denies and has continuously denied any knowl-
edge or proof that Local No. 1882 represents a majority of its em-
ployees, whereas Local No. 1882 maintains that it does so represent a
majority and has so informed the Saxon Mills both previous and
subsequent to July 30, 1935. These conflicting assertions have given
rise to a question concerning the representation of employees and
created a confusion now existing among the employees.
4. This question is one affecting commerce, in that the uncertain
situation existing among the employees has led and tends to lead to
labor disputes. This in turn has the necessary effect of burdening
and obstructing commerce and the free flow thereof by materially
affecting, restraining and burdening the free flow of cotton to the
Saxon Mills and the free flow of cotton goods from the Saxon Mills.
5. The employees on the payroll of the Saxon Mills as of July 30,
1935, exclusive of those in a supervisory capacity and clerical em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations Act, approved July 5, 1935.
6. It is the conclusion of the National Labor Relations Board that
a question affecting commerce has arisen concerning the representa-
tion of employees of the Saxon Mills within the meaning of Section
9 (c) of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor Relations Board by Section 9 of the National Labor Relations
Act, approved July 5, 1935, and pursuant to Article III, Section 8
of the National Labor Relations Board Rules and Regulations-
Series 1, it is
DECISIONS AND ORDERS 157
DIRECTED that, as part of the investigation authorized by the Board
in the above case to ascertain representatives for collective bargain-
ing with the Saxon Mills, County of Spartanburg , State of South
Carolina, an election by secret ballot shall be conducted within a
period of one week from the date of this decision , under the direction
and supervision of the Regional Director for the Tenth Region, act-
ing in this matter as the agent of the National Labor Relations
Board and subject to Article III, Section 9 of said Rules and Regu-
lations, among the employees , except the supervisory and clerical
force, on the payroll of the Saxon Mills on July 30, 1935, to deter-
mine whether or not they desire to be represented by Local Union
No. 1882, United Textile Workers of America.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
February 11, 1936
A petition for an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, ap-
proved July 5, 1935, and Article III, Section 1 of National Labor
Relations Board Rules and Regulations-Series 1, was filed with the
Regional Director for the Tenth Region by Local Union No. 1882,
United Textile Workers of America, on October 25 , 1935, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Saxon Mills, Spartanburg County,
South Carolina. The National Labor Relations Board duly
authorized the Regional Director to conduct an investigation pur-
suant to Section 9 (c) of the Act . In connection therewith the Re-
gional Director issued ' a, notice of hearing, and subsequently issued
an amended notice of hearing. Pursuant to the amended notice, a
hearing was held on November 21 and 22, 1935, before Walter Wilbur,
Trial Examiner designated by order of the Board.
Pursuant to the National Labor Relations Board's Direction of
Election dated January 15, 1936, an election by secret ballot was
conducted by the Regional Director on January 18, 1936, among the
employees , except the supervisory and clerical force, on the payroll
of Saxon Mills July 30, 1935 . An intermediate report as to the re-
sults of the election , prepared by the Regional Director and served
upon the parties to the proceeding,- found that a majority of the
employees of Saxon Mills eligible to vote had selected Local Union
No. 1882, United Textile Workers of America, to represent them for
the purposes of collective bargaining . A protest of election dated
January 27 , 1936, was filed with the Regional Director by the attor-
neys for Saxon Mills, and the Regional Director finding that the
protest raised no substantial and material issue forwarded his report
158 NATIONAL LABOR RELATIONS BOARD
to the National Labor Relations Board pursuant to Article III,
Section 9 of National Labor Relations Board Rules and Regula-
tions-Series 1.
Now THEREFORE, 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, approved July 5, 193'5, and pursuant to Article
III, Section 8 of National Labor Relations Board Rules and Regu-
lations-Series 1,
IT IS HEREBY CERTIFIED that Local Union No. 1882, United Textile
Workers of America has been selected by a majority of the employees
of Saxon Mills, except the supervisory and clerical force, as their
representative for the purposes of collective bargaining, and that
pursuant to Section 9 (a) of the Act, Local Union No. 1882, United
Textile Workers of America is the exclusive representative of all em-
ployees, except the supervisory and clerical force, for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment and other conditions of employment.
MR. SMITH took no part in the consideration of the above Certifi-
cation of Representatives.