Salisbury Cotton Mills

In the Matter of SALISBURY COTTON MILLS and TEXTILE WORKERS UNION OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-3511.-Decided February 25, 1942 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees (including those who also serve as clerks but who are engaged during 50 per cent or more of their time in production or maintenance work), ex- cluding clerical employees and those clerks who also do production or main- tenance work but who devote 50 per cent or more of their time on clerical duties, watchmen, timekeepers, supervisors, executives, superintendents, over- seers, second hands,' the professional man in the cloth room and finishing department, and, the master mechanic and the employees in charge of the second shift in the machine shop and boiler room ; agreement as to ; employee in charge of the second shift in the machine shop and boiler room found to be a supervisory employee and excluded. Messrs. Linn d Linn, by. Mr. Stahle Linn, of Salisbury, N. C., for the Company. Mr. Don 111cKee, of Charlotte, N.. C., for the Union. Mr. Herman J. DeKoven, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 26, 1941, and January 21, 1942, respectively, Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, herein called the Unions filed-with the Regional Di- rector for the Fifth Region (Baltimore, Maryland) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Salisbury Cotton Mills, Salisbury, North Carolina, herein called the Company, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 2, 1942, the National Labor 39 N. L. R. B., No. 35. 210 SALISBURY COTTON MILLS 214 Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3; of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, -ordered an investigation and authorized the Regional Director to, conduct it and to provide for an appropriate hearing upon due notice. On February 3, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on February 6, 1942, at Salisbury, North Carolina, before Albert P. Wheatley, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented by counsel or other official re- presentatives 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. Upon the entire record in the case, the Board makes the following: FINDINGS or FACT I. THE BUSINESS OF THE COMPANY Salisbury Cotton Mills, a North Carolina corporation having its principal place of business in Salisbury, North Carolina, is engaged in the manufacture and sale of finished cotton cloth. The "Company annually uses materials valued in excess of $500,000, of which over $150,000 worth is shipped to its plant from points outside the State of North Carolina, and annually manufactures products valiled in excess of $1,000,000, of which over $800,000 worth is shipped from its plant to points outside the State of North Carolina. The Company admits that it is "engaged in a business "subject to the jurisdiction of the National Labor Relations Board:" 11. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations and admits to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At a conference held between the Company and the Union on or about December '20, 1941, the Company rejected the Union's request for recognition as the exclusive bargaining agent of employees of the Company. The Union alleges in its original and amended peti- tions that after-this conference the Company asked that an election be held. 212 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Regional Director introduced in evidence dis- closes that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IF. 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 I, 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 Except for the status of one employee discussed below, the parties agree that the appropriate unit should consist of all production and maintenance employees (including those who also serve as clerks but who are engaged during 50 per cent or more of their time in pro- duction or maintenance work), excluding clerical employees and those clerks who also do production or maintenance work but who devote 50 per cent or more of their time on clerical' duties, watchmen, timekeepers, supervisors, executives, superintendents, overseers, second hands, the yard foreman, the foreman in the dyeing depart- ment, the foreman and the professional man in the cloth room and finishing department, and the master mechanic in the machine shop and boiler room. - The parties disagree on the status of the employee in charge of the second shift in the machine shop and boiler room. He does repair work and also is in charge of and supervises and directs the men on the second shift in the machine shop and boiler room; the master mechanic is in charge of the first shift in this department. While the employee in question does not have the right to hire -or discharge, it appears that he acts in a supervisory capacity. Under these circumstances,- we shall exclude him from the appropriate unit. 1 The Company employs approximately 695 persons , approximately 674 of whom are in the unit hereinafter found to be appropriate The Regional Director reported that the Union presented 414 authorization cards, 412 of which bore apparently genuine signatures ; that 389 of these 412 cards bore the signa- tures of persons appearing on the Company 's pay roll for the period ending December 27, 1941 ; and that 42 of the cards presented were dated in September 1941 , 16 in October 1941 , and 356 were undated. SALISBURY COTTON MILLS -, 213 We find that all production and maintenance employees (in- cluding those who also serve as clerks but who are engaged during 50 per cent or more of their time in production or maintenance work) of the Company, excluding clerical employees and those ' clerks who also do,production or maintenance work but who devote 50 per cent or more of their time on clerical duties, watchmen, timekeepers, supervisors, executives, superintendents, overseers, second hands, the yard foreman, the foreman in the dyeing department, the foreman and the professional man in the cloth room and finishing depart- ment, and the master mechanic and the employee in charge of the second shift in the machine shop and boiler room, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure, to employees ' of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. - VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by, and we shall accordingly direct, an election by secret ballot. - The Union requests that the pay roll for the period immediately preceding December- 26, 1941, the date of the filing of its original petition, be used to determine eligibility to vote, because many em- ployees have been hired by the Company since ,that date and addi- tional'employees may be hired in the future. The Company objects to the use of such a pay roll on the' ground that conditions have changed since the filing of the petition and requests the use of the pay roll immediately preceding "the call for the election." We do not believe that the record discloses any reason for a depar- ture from our' usual practice of using a current pay-roll date. Ac- cordingly, we shall direct that the employees eligible to' vote shall be those 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. 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 Salisbury Cotton Mills, Salisbury, North Carolina , within the meaning of Section 9 (c) and Section 2 (6) and (7 ) of the National Labor Relations Act. 214 DECISIONS OF NATIONAL LABOR RELAT [ONS BOARD 2. All production and maintenance employees (including those who also serve as clerks but who are engaged during 50 per cent or more of their time in production or maintenance work) of Salisbury Cotton Mills, Salisbury, North Carolina, excluding clerical employees and those clerks who also do production or maintenance work but who devote 50 per cent or more of their time on clerical duties, watch- men, timekeepers, supervisors, executives, superintendents, overseers, second hands, the yard foreman, the foreman in the dyeing depart- ment, the foreman" and the professional man in the cloth room and finishing department, and the master mechanic and the employee in charge of the second shift in the machine shop and boiler room, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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 Na- tional 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 bargaining with Salisbury Cotton Mills, Salisbury, North 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 Fifth 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 employees (including those who also serve as clerks but who are engaged during 50 per cent or more of their time in production or maintenance work) of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such ;pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding cler- ical employees and those clerks who also do production or mainte- nance work but who devote 50 per cent or more of their time, on clerical duties, watchmen', timekeepers, supervisors, executives, super- intendents, overseers, second hands, the yard foremen, the foreman in the dyeing department, the foreman and the professional man in the cloth room and finishing department, the master mechanic and the employee in charge of the second shift in the machine shop and SALISBURY COTTON MILLS 215 boiler room, and employees who have since quit or been discharged for cause, 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. CHAIRMAN MILLis took no part in the consideration of the above Decision and Direction of Election.