The Powell Knitting Co.

National Labor Relations Board - Board Decisions

Nov 11, 1942

45 N.L.R.B. 533 (N.L.R.B. 1942)

In the Matter of THE POWELL KNITTING COMPANY and TEXTILE WORK-
ERS UNION OF • AMERICA (AMERICAN FEDERATION OF HOSIERY
WORKERS) CIO -
Case No. R-4415.-Decided November 11, 1942
Jurisdiction : hosiery manufacturing industry.
Investigation and 'Certification of Representatives : existence of question : re-
fusal of recognition to any organization until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of plant, including sweepers and watchmen who tend plant boilers
besides guard duties, and excluding general office, clerical, executive, adminis-
trative and supervisory employees, foremen, foreladies, and higher supervisory
officials.
Mr. J. W. Kerr and Mr. L. W. Perrin, of Spartanburg, S. C., for
the-Company. '
Mr. Kelsey G. Smith, of Spartanburg, S. C., for the Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America
(American Federation of Hosiery Workers) CIO, and an amended
petition I duly filed by American Federation of Hosiery Workers, affili-
ated with the Textile Workers Union of America, CI0,2 herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Powell Knitting Com-
pany, Spartanburg County, South Carolina, herein called the Com-
pany, the National.Labor Relations Board provided for an appropriate
hearing upon due notice before M. A. Powell, Trial Examiner. Said
hearing was held at Spartanburg, South Carolina, on October 19, 1942.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
1 The Tual Examiner granted the request of the Tinton to file an amended petition. The
amended petition was filed on October 21, 1942, and is a pact of the record
2 Textile Workers Union of Anieuca is the parent organization of the American Federa-
tion of llosteiy Workers It was stipulated at the hearing that there is no dispute between
the two above-mentioned unions
45 N.L.R B,No.77.
533
534 DEIOISIO'NS. OF NATIONAL LABOR RELATIONS BOARD
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.
Upon the entire record in the case the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Powell Knitting Company is a- Pennsylvania corporation en-
gaged at Spartanburg County, South Carolina, in the manufacture,
sale, and distribution of seamless- hosiery. During the past 12-month
period, the Company purchased raw materials consisting of cotton
yarn, dyestuff, machinery, and supplies, 85 percent of which was
purchased and shipped to the Company from points outside the
State of South Carolina. During the same period the Company
manufactured and sold finished products valued at approximately
$675,000, 95 percent of which was shipped to points outside the State
of South Carolina. The Company admits it is engaged in interstate
commerce within-the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers is a labor organization
affiliated with the Textile Workers Union of America and with the
Congress of Industrial Organizations. It admits to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 15, 1942 the Union requested the Company
to recognize it as exclusive bargaining agent for employees of the
Company in the unit hereinafter found to be appropriate. The
Company refused to recognize the Union unless and until it had
been certified by the Board.
A statement by a Field Examiner of the Board, introduced in
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the appropriate unit.$
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
8 The statement by the Field Examiner shows that the Union submitted to him 167
authorization cards , all of which appear to beat genuine original sign atures, and 156 of
which are the names of persons on the Company 's pay- roll of September 11, 1942, in the
appropriate unit Said pay roll contains the names of 317 persons within the appropriate
unit Of the 156 cards , 1 was dated September 21 and 2 were dated September 28, 1942,
and 153 were undated The Union alleged , without , contradiction that all the undated cards
were signed between August 27 and September 28, 1942.
THE POWELL KNITTING COMPANY
IV. THE APPROPRIATE UNIT
535
We-find, in accordance with a stipulation of the parties, that all
employees of the Company, including watchmen"4 and sweepers, but
excluding general office, clerical, executive, administrative, and su-
pervisory employees, foremen, foreladies, and higher supervisory
officials, 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 herein, subject to the limitations and additions set forth in the
Direction.
The Union requested that its name appear on the ballot as Ameri-
can Federation of Hosiery Workers, C.I.O. The request is hereby
granted.
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 2, as amended, it is
hereby
DIREc m that,,as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Powell
Knitting Company, Spartanburg County, South Carolina, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) 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 10, 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 preceding the date of this Direction, including em-
ployees who did not work during ,said 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 em-
ployees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by American
Federation of Hosiery Workers, C.I.O., for the purposes of collective
bargaining.
' Watchmen are included in the stipulated production and maintenance unit, because they
tend the plant boilers in addition to guarding the plant.