Strain Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 15, 1938

5 N.L.R.B. 320 (N.L.R.B. 1938)

In the Matter of STRAIN MANUFACTURING COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Case No. R-495.-Decided February -15, 1938
Cotton Textile Industry-Investigation of Representatives : controversy con-
cerning representation of employees : proof of majority status requested by
employer ; refusal of employer to recognize petitioning union as exclusive
representative of employees in absence of proof of majority-Unit Appropriate
for Collective Bargaining : production and maintenance employees; no con-
troversy as to-Election Ordered-Petition Dismissed : no representative chosen
by employees.
Mr. Maurice J. Nicoson, for the Board.
Mr. Barry Wright, of Rome, Ga., for the Company.
Mr. S. A. Hollihan, Atlanta, Ga., for the T. W. O. C.
Mr. D. R. Dimick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 6, 1937, Textile Workers Organizing Committee, herein
called the T. W. O. C., filed with the Regional Director for the Tenth
Region (Atlanta, Georgia) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Strain Manufacturing Company, Rome, Georgia, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re=
lations Act, 49 Stat. 449, herein called the Act. On November 8, 1937,
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 1, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On December 4, 1937, the Regional Director issued a notice- of
hearing, copies of which were duly served upon the Company and
upon the T. W. O. C. On December 10, 1937, the Regional Director
issued an amended notice postponing the hearing. Pursuant to the
notices, a hearing was held on December 13, 1937, at Rome, Georgia,
before D. Lacy McBryde, the Trial Examiner duly designated by
the Board. The Board and the Company were represented by coun-
320
DECISIONS AND ORDERS 321
sea, and the T. W. O. C. by its representative. All parties partici-
pated in the hearing. Full opportunity to be heard, to examine
and to cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed'
the rulings of the Trial Examiner and finds no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Strain Manufacturing Company is a Georgia corporation
engaged in the manufacture , production , sale, and distribution of
single and double filled and enameled cloth. The plant of the Com-
pany is located in Rome, Georgia, at which plant the Company
converts raw cotton into yarn and the yarn into cloth . During the
period from January 1, 1937 to December 1, 1937, the Company
used approximately 3,500 bales of cotton of which approximately
25 per cent came from outside the State of Georgia . During the
same period the Company manufactured approximately 3,300 pounds
of cloth a week, about 90 per cent of the finished product being sold
and shipped to customers outside of the State of Georgia. The
finished cloth is sold through a New York sales corporation, and
shipments are made direct to customers from the plant in Rome,
Georgia.'
The Company employs approximately 175 persons in its six de-
partments . The time sheet of the Company for the week ending
December 4, 1937 ,2 showed 28 employees in the carding department,
60 in the spinning department , 71 in the weaving department, 7 in
the cloth room department , 8 in the power department , and 7 in the
office and overseeing department.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization, admitting
to its membership all production and maintenance employees of the
Company, excluding clerical workers and supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
Early in August or during the latter part of July, representatives
of the' T. W. O. C. called upon the Company and requested recogni-
1 The above facts were stipulated to by counsel for the Board and by counsel for the
Company.
2 Board Exhibit 10.
322 NATIONAL LABOR RELATIONS BOARD
tion of the T. W. 0. C. as the bargaining representative for the
Company's employees. The T. W. 0. C. representatives presented' a
contract which the Company refused to sign. At this conference
the Company asked the T. W. 0. C. representatives if they could
,prove the number of their members who were employees of the Com-
pany. No proof was presented and there is some testimony to the
effect that the Company stated that it would not consent to an elec-
tion. The Company told the representatives of the T. W. 0. C. that
if they could prove that the T. W. 0. C. represented a majority of
the employees, the Company would be willing to "take further steps."
We find that a question has arisen concerning 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
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The T. W. 0. C. in its petition for an investigation and certification
seeks to represent the production and maintenance employees of the
Company, excluding clerical and supervisory employees. The Com-
pany raised no objection to this unit.
We find the production and maintenance employees of the Com-
pany, excluding clerical and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining and that said
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
No evidence was introduced at the hearing upon the basis of which
we could make a finding that a majority of the employees in the
appropriate unit have designated and selected a representative for
the purposes of collective bargaining. We, therefore, find that an
election by secret ballot is necessary to resolve the question concern-
ing representation.
Eligibility to vote in the election will be extended to the employees
of the Company, within the appropriate unit, whose names appear
on the pay roll of the Company for the week ending December 4,
DECISIONS AND ORDERS 323
1937, exclusive of those who have voluntarily quit or have been dis-
charged for cause between that date and the date of the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Strain Manufacturing Company, Rome,,
Georgia, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding clerical and supervisory 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 Act, 49 Stat. 449, and pursuant to Article III, Sec-
tion 8, of National Labor Relations Board Rules and Regulations-
Series 1, as amended, it is hereby
DIRECTED that, as part of the investigation ordered to ascertain
representatives for collective bargaining with Strain Manufacturing
Company, Rome, Georgia, an election by secret ballot shall be con-
ducted within fifteen (15) 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, Section 9, of said Rules
and Regulations-Series 1, as amended, among the production and
maintenance employees of Strain Manufacturing Company, who were
employed by the Company and whose names appear on the pay roll
for the week ending December 4, 1937, excluding clerical and super-
visory employees and those who have voluntarily quit or have been
discharged for cause between such date and the date of election, to
determine whether or not they desire to be represented by Textile
Workers Organizing Committee, for the purposes of collective
bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
March 11, 1938
On February 15, 1938, the National Labor Relations Board, herein
called the Board , issued a Decision and Direction of Election in the
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324 NATIONAL LABOR RELATIONS BOARD
above-entitled case. The Direction of Election directed that an elec-
tion by secret ballot be held among production and maintenance em-
ployees of the Strain Manufacturing Company, Rome, Georgia, herein
called the Company, who were employed by the Company and whose
names appear on the pay roll for the week ending December 4, 1937,
excluding clerical and supervisory employees and those who have vol-
untarily quit or have been discharged for cause between such date and
the date of the election, to determine whether or not they desire to be
represented by Textile Workers Organizing Committee, herein called
the T. W. O. C., for the purposes of collective bargaining.
Pursuant to the Direction, an election by secret ballot was conducted
on March 2, 1938, at Rome, Georgia, under the direction and super-
vision of the Regional Director for the Tenth Region (Atlanta,
Georgia).
On March 3, 1938, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 1, as amended, issued and duly served upon the parties
an Intermediate Report on the ballot. No exceptions to the Interme-
diate Report have been filed by any of the parties.
As to the results of the secret ballotting, the Regional Director
reported as follows :
Total Number Eligible____________________________________ 158
Total Ballots Cast________________________________________ 156
Total Votes for Textile Workers Organizing Committee------ 54
Total Votes Against Textile Workers Organizing Committee_ 102
Total Votes Challenged___________________________________ 0
Total Ballots Miscast_____________________________________ 0
The results of the election show that no collective bargaining repre-
sentative has been selected by a majority of the employees. The peti-
tion for investigation and certification of representatives of employees
of the Company will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
ORDERED that, the petition for investigation and certification of
representatives of employees of Strain Manufacturing Company filed
by Textile Workers Organizing Committee be, and it hereby is,
dismissed.
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