The Mary Leila Cotton Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 11, 1941

30 N.L.R.B. 238 (N.L.R.B. 1941)

In the Matter of THE MARY LEILA COTTON MILLS, INC., and TEXTILE:
WORKERS UNION OF AMERICA
Case No. R-2358.-Decided March 11, 1941
Jurisdiction : cotton cloth manufacturing industry.
Investigation and Certification of Representatives : existence ofrquestion : parties.
stipulated that the Company refused` to accord the Union recognition unless.
it was certified by the Board; pay roll agreed to by parties-directed to be
used ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen, but excluding clerical and supervisory employ-
ees ; stipulation as to.
Mr. R. H. Rrazzell, of Atlanta, Ga., for the Union.
Weekes di Candler, of Decatur, Ga., by Mr. John Wesley TVeeke&
and Mr. Murphey Candler, Jr., for the Company.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 10, 1941, Textile Workers Union of America, herein
called the Union, 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^,.employ-ees
of The Mary Leila Cotton Mills, Inc.,1 Greensboro, Georgia, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Feb-
ruary 19, 1941, 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 Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On February 20, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
1Incorrectly designated in some of the formal papers as "Mary Leila Cotton Mill."
30 N. L. R. B., No. 32.
238'
THE MARY LEILA COTTON MILLS, INC. 239
the Union. Pursuant to notice a hearing was held February 28,
1941, at Greensboro, Georgia, before John C. McBee, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented by counsel and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was affored a'll'parties. During the course^of'the hearing 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 that 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
I. THE BUSINESS OF THE COMPANY
The Mary Leila Cotton Mills, Inc., a Georgia corporation, engaged
in the manufacture, sale, and distribution of cotton cloth, operates