Union-Buffalo Mill

National Labor Relations Board - Board Decisions

Jan 14, 1942

38 N.L.R.B. 212 (N.L.R.B. 1942)

In the'Matter of UNION-BUFFALO MILL and LOCAL UNION #1235
UNITED TEXTILE WORKERS OF AMERICA (A. F. of L.)
Case No. R-3391.-Decided January 14, 1942.
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, including section men and storeroom employees,
but excluding storekeepers and clerical and supervisory employees; agreement
as to.
'Mr. A. L. Wordlow, of Columbia, S. C., for the Company.
Mr. Gordon L. Chastain and Mr. John W. Pollard, of Spartanburg,
S. C., for the United.
Mr. Ralph Clifford, -of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 30, 1941, Local Union #2135, United Textile Workers
of America (A. F. of L.), herein called the United, filed with the Re-
gional Director for the Tenth Region (Atlanta, Georgia) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of Union-Buffalo Mill, Greenville,
South Carolina, herein called the Company, at its textile mill in
Fairmont, South Carolina, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On De-
cember 2, 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.
38 N. L. R. B., No. 54.
212
UNION-BUFFALO MILL 213
On December 5, 1941; the Regional Director. issued a notice of
bearing, copies of which were duly served upon the Company, the
United, and Textile Workers of ^America.l . Pursuant. to notice, a
hearing was held on December 16, 1941, at Greenville, South Caro-
lina, before James W. Dorsey, the Trial Examiner duly designated by
the Chief Trial Examiner. The Company and the United were repre-
sented 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 afforded all 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
1. THE BUSINESS OF THE COMPANY
Union-Buffalo Mill Company, a New York corporation, having its,
principal place of business in 'Greenville,, South Carolina, owns and
operates a textile mill in Fairmont, South Carolina.2 , The Company
employs approximately 205 employees at its Fairmont plant. The
principal raw material used by the Company at, the Fairmont plant'
is cotton, approximately 70 percent of which is obtained from points
outside the State of South Carolina. The Company also uses coal,
oil, starch, and various manufactured parts, a large 'percentage of
which is obtained from points outside the State of South Carolina.
The finished products of the Company's Fairmont plant are cotton,
sheeting and print cloth, approximately 85 percent of which is,shipped
to points outside the State of South Carolina.
The Company admits that it is engaged in commerce within ;the,
meaning of the Act. ,
II. THE ORGANIZATION INVOLVED
Local Union #2135, United Textile Workers of America, is a labor
organization affiliated with- the American Federation of 'Labor and
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the United unless it is cer-•
tified as the representative of employees in an appropriate unit as a
result of an election conducted by the Board.
The record discloses that although the Textile Workers Union of America was ser,,ed with notice of hear-
ing, it did not appear at the hearing and took no part in the proceedings.
9 Only the Fairmont plant of the Company is involved in this proceeding. ,
214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
From a report prepared by the Field Examiner,and admitted into
evidence, it appears that the United represents a substantial number
of the Company's employees in the unit alleged by the United to be
appropriate.'
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 1, 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
At the hearing the parties agreed and we find that all production
and maintenance employees of the Company at its Fairmont, South
Carolina, mill, including section men and storeroom employees, but
excluding storekeepers and clerical and supervisory employees,4 con-
stitute a unit appropriate for the purposes of collective bargaining
and that such 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
We find that the question concerning representation which has
arisen can best be resolved- by an election by secret ballot. We shall
direct that those eligible to vote,in the election shall be the employees
in the appropriate unit who were in the employ of the Company
during the pay-roll period immediately preceding the date of the
Direction of Election, herein, subject to such additions and limitations
as are hereinafter set forth in the Direction.
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 Union-Buffalo Mill, Greenville, South
Carolina, at its textile mill in Fairmont, South Carolina, within the
a The Field Examiner 's report discloses that the United submitted 117 application cards all dated dur-
ing October and November 1941, 111 of which appear to bear genuine original signatures , 103 of which are
the names of persons whose names appear on the Company 's pay roll of November 6, 1941. There are ap-
proximately 196 employees in the unit hereafter found to be appropriate.
4 The parties are agreed and we find that the overseers , the secondhands , the master mechanic , and the
foreman of the cloth room are supervisory employees.' -
UNION-BUFFALO MILL 215
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production and maintenance employees of the Company at
its textile mill in Fairmont, South Carolina, including section men
and storeroom employees, but excluding storekeepers and clerical and
supervisory employees, constitute a unit appropriate for the purposes
of collective, bargaining, within the meaning of Section 9 (b) of the
Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations. Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Union-Buffalo Mill, Greenville, South 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 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, among all production and maintenance em-
ployees of the Company at its textile mill in Fairmont, South Carolina,
who were in the employ of the Company during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing section men and storeroom employees and employees 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 storekeepers and clerical and
supervisory employees, and employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by Local Union #2135, United Textile Workers of America,
(A. F. of L.) for the purposes of collective bargaining.