Werthan Bag Corp.

National Labor Relations Board - Board Decisions

Apr 22, 1946

67 N.L.R.B. 570 (N.L.R.B. 1946)

In the Matter of WERTHAN BAG CORPORATION and TExnLE WORKERS
UNION OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 15-B-1597.-Decided April 22, 1946
Mr. W. E. Norvell, Jr., of Nashville, Tenn., and Mr. Sumter D.
Marks, Jr., of New Orleans, La., for the Company.
Mr. Paul Schuler and Miss Marjorie Geier, of New Orleans, La.,
for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Werthan Bag Corpora-
tion, New Orleans, Louisiana, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Lewis Moore, Trial Examiner. The hearing was held
at New Orleans, Louisiana, on March 15, 1946. The Company and the
Union appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine 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. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Werthan Bag Corporation is a Delaware corporation with its
principal office located at Nashville, Tennessee. It operates three
67 N. L. R. B., No. 75.
570
WERTHAN BAG CORPORATION 571
plants, two located at Nashville, Tennessee, and one at New "Orleans,
Louisiana. The plant located at New Orleans, Louisiana, is the only
one involved in this proceeding. At the latter plant, the Company is
engaged in the manufacture and distribution of burlap and cotton
bags. During the last six months of 1945, the New Orleans plant used
cotton cloth and burlap in its manufacturing operations of the approx-
imate value* of $680,000.00, substantially all of which originated at
points outside the State of Louisiana. During the same period, the
Company manufactured and distributed burlap and cotton bags ap-
proximating $740.000.00 in value, of which approximately 98 percent
was shipped outside the State of Louisiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 12, 1946, the Union, by letter, requested recognition of
the Company as bargaining representative of the Company's em-
ployees. The Company by letter dated February 4, 1946, denied the
request.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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
We find, substantially in accord with the agreement of the parties
at the hearing, that all production and maintenance employees, truck
drivers, and non-deputized watchmen at the Company's New Orleans
plant, but excluding deputized watchmen, clerical employees, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
1 The Field Examiner reported that the Union submitted 30 membership cards bearing
the names of company employees . There are approximately 55 employees in the appro-
priate unit.
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act 2
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
employees in the appropriate 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purpose of collective bargaining with Werthan
Bag Corporation, New Orleans, Louisiana, 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 Fifteenth 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 Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the armed
forces of the United States who present themselves 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 Textile Workers Union of America, affiliated with the Congress
of Industrial Organizations , for the purposes of collective bargaining.
2 Although the Company offered a substitute definition to be employed in the determina-
tion of supervisory status of certain of its employees, we see no reason to depart from the
Board' s customary definition set forth above.