Union Buffalo Mills Co.

National Labor Relations Board - Board Decisions

Mar 21, 1938

6 N.L.R.B. 91 (N.L.R.B. 1938)

In the Matter of UNION BUFFALO MILLS COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
In the Matter of UNION BUFFALO MILLS COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Cases Nos. R-562 and R-563
SUPPLEMENTAL DECISION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
March 21, 1938
On October 18, 1937, Textile Workers Organizing Committee,
herein called the Union, filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) two petitions alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of Union Buffalo Mills Company, herein called the Com-
pany, at its Buffalo, South Carolina, mill and at its Fairmont, South
Carolina, mill, respectively. Each petiton requested an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On November 27, 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 investigations and author-
ized.the Regional Director to conduct them and to provide for an
appropriate hearing upon due notice. On December 7, 1937, the
Board acting pursuant to Article III, Section 10 (c) (2), of Rules
and Regulations, ordered that the two cases be consolidated for,the
purpose of hearing.
On December 22, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on-
January 13, 1938, at Spartanburg, South Carolina, before James
M. Brown, the Trial Examiner duly designated by the Board. On-
February 18, 1938, the Board issued a Decision and a Direction of
91
92 NATIONAL LABOR RELATIONS BOARD
Elections., The Direction of Elections provided that elections by
secret ballot be held within 15 days from the date of the Direction
among the hourly and piece-rate production and maintenance em-
ployees of the Company in its Buffalo mill and at its Fairmont mill,
respectively, who were employed during the pay-roll period ending
October 14, 1937, excluding clerical and supervisory employees, and
those employees who have since quit or been discharged for cause,
to determine whether or not they desired to be represented by the
Textile Workers Organizing Committee for the purposes of collec-
tive bargaining.
Pursuant to the Direction, balloting was conducted on March 4,
1938. Thereafter, 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
to the proceeding his Intermediate Report on the ballot. No excep-
tions to the Intermediate Report have been filed by either of the
parties. As to the balloting and its results, the Regional Director
reported as follows :
IN THE BUFFALO PLANT
Total number eligible______________________________________ 1068
Total number of ballots cast_______________________________ 1007
Total number of votes for the Textile Workers Organizing
Committee, affiliated with the C. I. O_____________________ 445
Total number of votes against the Textile Workers Organiz-
ing Committee, affiliated with the C. I. O__________________ 543
Total number of challenged ballots_________________________ 17
Total number of void ballots_______________________________ 2
Total number of blank ballots ------------------------------ none
IN THE FAIRMONT PLANT
Total number eligible______________________________________ 211
Total number of ballots cast_______________________________ 189
Total number of votes for the Textile Workers Organizing
Committee, affiliated with the C. I. O_____________________ 118
Total number of votes against the Textile Workers Organiz-
ing Committee, affiliated with the C. I. O__________________ 70
Total number of challenged ballots__________________________ none
Total number of void ballots________________________________ none
Total number of blank ballots______________________________ 1
CERTIFICATION OF REPRESENTATIVES
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, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
15 N L A. B. 398.
DECISIONS AND ORDERS 93
IT IS HEREBY CERTIFIED that Textile Workers Organizing Committee
has been selected by a majority of the production and maintenance
employees of the Union Buffalo Mills Company at its plant in Fair-
mont, South Carolina, excluding supervisory and clerical employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9'(a) of the Act, Textile Workers Organiz-
ing Committee is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
ORDER
Pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended,
IT Is ORDERED that the petition filed by Textile Workers Organiz-
ing Committee for investigation and certification of representatives
of the production and maintenance employees of the Union Buffalo
Mills Company at its plant in Buffalo, South Carolina, be, and it
hereby is, dismissed.
MR. EDWIN S. SMITH took no part in the consideration of the above
Supplemental Decision, Order and Certification of Representatives.