United Rayon Mills

National Labor Relations Board - Board Decisions

Dec 6, 1944

59 N.L.R.B. 747 (N.L.R.B. 1944)

In the Matter of UNITED RAYON MILLs, ELBERTON DIVISION and
UNITED TEXTILE WORKERS OF AMERICA , A. F. OF L.
Case No. 10-R-1316.-Decided December 6 , 1944
Messrs. Rayrnonde Stapleton and K. V. MeCaleb , of Elberton, Ga.,
for the Company.
Mr. J. C. Carpenter , of Elizabethton , Tenn., Mr. Veal M. Brown,
of Elberton , Ga., and Mr. W. R. Herrod, of Asheville , N. C., for the
Union.
Mr. Louis Cokin , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly'filed by United Textile Workers of America,
A. F. of L., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of United Rayon Mills, Elberton Division, Elberton, Georgia, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Albert D. Maynard, Trial Examiner. Said
hearing was held at Elberton, Georgia, on November 11, 1944. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
United Rayon Mills is a Massachusetts corporation. We are here
concerned with its-Elberton Division at Elberton, Georgia, where it
is engaged in the manufacture of rayon and cotton woven fabric.
During the year ending June 30, 1944, the Company received as
59 N. L. R. B., No. 150.
747
748 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
bailee materials valued in excess of $300,000 for use at its Elberton,
Division, over 90 percent of which was shipped to it from points out-
side the State of Georgia. During the same period the Company
shipped products valued in excess of $500,000 from its Elberton Divi-
sion, 90 percent of which was sent to -points outside the State of
Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile Workers of America is a labor organization affili-
ated with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees at its Elberton
Division.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial "
number of employees in the unit hereinafter fonnnd to be appropriate.'
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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees at
the Elberton Division of the Company, excluding guards and office,
clerical, and supervisory employees, constitute an appropriate unit.
The only controversy with respect to the unit concerns clerks in the
quilling department.
The Company employs three clerks in its quilling department, one
of whom has the authority- effectively to recommend changes- in the
status of employees. We find that the latter is a supervisory employee,
and as such, we shall exclude her from the unit. The remaining two
work in the plant keeping records and in addition open shipping cases
and place raw yarn on machines and remove finished yarn therefrom.
We shall include them in the unit.
We find that all production and maintenance employees at the Elber-
ton Division of the Company, including quilling department clerks,
' The Field Examiner reported that the Union presented 238 membership application
cards There are approximately 267 employees in the appropriate unit
UNITED RAYON MILLS, ELBERTON DIVISION 749
but excluding clerical and office employees , guards, and all supervisory
employees with authority to hire, promote , discharge , discipline, or
otherwise effect changes in the status of employees , or effectively recom-
mend such action, constitute a unit appropriate for the purposes of col-
lective bargaining , within the meaning , of Section , 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union urges that the pay roll of November 11, 1944, be used to
determine eligibility to vote. Inasmuch as no persuasive reason
appears as to why we should depart from our usual practice , we shall
direct that those eligible to vote shall be the employees in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction. , '
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 9, of the National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Rayon
Mills, Elberton Division, Elberton , Georgia, 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, under the direction and super-
vision 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, Sections 10 and 11, 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 employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who presentthemselves in person at the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
United Textile Workers of America, A. F. L., for the purposes of
collective bargaining.