The Henrietta Mills

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 690 (N.L.R.B. 1942)

In the Matter of THE HENRIETTA MILLS ( CAROLEEN PLANT ) and UNITED
TEXTILE WORKERS OF AMERICA (AFL)
Case No. R-4237.-Decided September .30,19V,
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition' until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including inside watchmen, but excluding supervisory, clerical, and
outside employees, and gatemen.
Mr. Oscar J. lllooneyham, of Forest City, N. C., for the Company.
Mr. John TV. Pollard, of Spartanburg, S. C., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND'
DIRECTION OF ELECTION,
0
STATEMENT OF THE CASE
Upon petition duly filed by United Textile Workers of X nerica
(AFL), herein called the Union, alleging that a question affecting
commerce- had arisen concerning the representation of employees of
The Henrietta Mills; Caroleen, North Carolina, herein called the
Company,1 the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Jacob Blum, Trial Examiner.
Said hearing was held at Rutherfordton, North Carolina, on Septeln-
ber 2, 1942. The Company and the Union appeared, participated, and
were afforded full apportunity to be heard, to examine and cross-
examine witnesses and to introduce evidence bearing on the issues.
the Company moved at the hearing that the Union's petition be dis-
missed. The Trial Examiner reserved ruling. For the reasons stated
in Section III, infra, this motion is hereby'denied. Oil September 15,
1942, the Company filed a brief which the Board has considered.
1 The Company 's name appears heirin as it was corrected at the hearing
4.4 N.L R B, No. 125
690
THE HENRIETTA MILLS (CAROLEEN PLANT) 691
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE CO1%1PANY
The Henrietta Mills , a North Carolina corporation , maintains its
principal office in New York City. The Company is engaged in the
manufacture of print cloth and other textiles . ;It operates a plant in
Caroleen, North Carolina , which alone is involved in this proceeding.
During the year 1941 , 80 percent of the raw materials used by the Com-
pany at its Caroleen plant, having an approximate value , of $1,000,000,
was shipped to that plant from points outside the State of North Caro-
lina. During the same period 80 percent of the products manufactured
in the Caroleen plant, representing a value in excess of $1,000,000, was
shipped to points outside the State of North Carolina.-
The Company admits that in its operations at its Caroleen plant it is
engaged in commerce within the meaning of the National Labor-Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
- United Textile Workers of America is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 30, 1942, a, representative of the Union conununi-
cated with the superintendent of the Caroleen plant by telephone and
was informed that the Union would not be recognized until it was certi-
fied by the Board.
A statement of the Acting Regional Director, introduced in evidence
at the hearing, indicates that the l?nion represents a substantial number
of employees in the unit hereinafter found approxmate.2
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 (0) and (7) of the Act.
2The Acting Regional Director stated that the Union had submitted to him 354 authoriza-
tion cards, all beating apparently genuine original signatures, and that 242 of the signa-
tures were names of persons whose names appeared on the Company's pay roll for the
period ending July 18, 1942, which listed the names of approximately 760 employees in the
unit hereinafter found appropriate
In support of its motion to disnuss, the Company contended that the figures contained
in the statement of the Acting Regional Director demonstrate that the Union has not made
a substantial showing of representation The Board has consistently held that a substan-
tial showing need not be a majority showing, but should be such a ,bowing as to indicate
a probability that the TJnioii may he selected by a majority Such a probability exists in
this instance See hfastei of H G Hill ,Stores, Ino Warehouse and Local 2-7, International
Longshoremen's and Wa,choncoanen's Union, aflvited with the C 1 0 , and cases cited
therein , 39 N L R B 874, 876 1
692 DECISIONS -OF', NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The Union petitioned for a unit of all production and maintenance
employees, excluding supervisory, clerical, and outside employees, and
watchmen. The Company refused to stipulate that tliis was an ap-
propriate unit, but proposed no other unit and presented no evidence
tending to indicate that the unit was not appropriate.
The Union would include as maintenance employees all shopmen
who repair machines and make gears and other parts, boiler room em-
ployees, and inside scrubbers and janitors. The Union gave the fol-
l9wing definitions of the several categories of employees which it
proposes to exclude from the appropriate unit: supervisory-imme-
diate foreman or second hands, overseers, plant superintendents and
managers; clerical-office and factory clerks, time-study men, mill
storing employees and stockroom clerks; outside-employees engaged
in clean-up work in the yard; watchmen-gatemen and inside watch-
nien. The Company has never had any collective bargaining con-
tracts, and-no other union has ever 'attempted to organize its em-
ployees. In the absence of any evidence in the record tending to indi-
cate that the Company's inside watchmen assume the duties of a
specialized plant-protection force in addition to the duties custom-
arily performed by watchmen, we shall include watchmen in the
appropriate unit.' We shall adopt the other exclusions uroposed by
the Union.
We find that all production and maintenance employees of the Com-
pany at its Caroleen, North Carolina plant, including inside watch-
men, but excluding supervisory, clerical, and outside employees, and
gatemen, constitute 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of,our Direction of Elec-
tion, subject to the limitations and additions set forth therein.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
'See Matter of Noa-tli Carolina Fmi,huiq Coinpana and North Carolina Fm ics Corporation
and Textile Workers Union of America, and cages cited therein, 44 N L It B • 184 -
THE HENRIETTA MILLS ( CAROLEEN PLANT) 693
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Henrietta
Mills, Caroleen; North Carolina, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
from the date of this Direction of Election , under the direction and
supervision of the Regional Director for the Fifth 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, among
all employees.of the Company in.the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction , including those employees
who did not work during such pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding any who have since quit
or been discharged for cause , to determine whether or not they desire
to be represented by United Textile Workers of America (AFL), for
the purposes of collective bargaining.
MR. -WM . M. -LEISERSON took no part in the consideration of the
above Decision and Direction of Election.