The Powell Knitting Co.

In the Matter of THE POWELL KNITTING COMPANY and TEXTILE WORK- ERS UNION OF • AMERICA (AMERICAN FEDERATION OF HOSIERY WORKERS) CIO - Case No. R-4415.-Decided November 11, 1942 Jurisdiction : hosiery manufacturing industry. Investigation and 'Certification of Representatives : existence of question : re- fusal of recognition to any organization until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees of plant, including sweepers and watchmen who tend plant boilers besides guard duties, and excluding general office, clerical, executive, adminis- trative and supervisory employees, foremen, foreladies, and higher supervisory officials. Mr. J. W. Kerr and Mr. L. W. Perrin, of Spartanburg, S. C., for the-Company. ' Mr. Kelsey G. Smith, of Spartanburg, S. C., for the Union. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America (American Federation of Hosiery Workers) CIO, and an amended petition I duly filed by American Federation of Hosiery Workers, affili- ated with the Textile Workers Union of America, CI0,2 herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Powell Knitting Com- pany, Spartanburg County, South Carolina, herein called the Com- pany, the National.Labor Relations Board provided for an appropriate hearing upon due notice before M. A. Powell, Trial Examiner. Said hearing was held at Spartanburg, South Carolina, on October 19, 1942. The Company and the Union appeared, participated, and were af- forded full opportunity to be heard, to examine and cross-examine 1 The Tual Examiner granted the request of the Tinton to file an amended petition. The amended petition was filed on October 21, 1942, and is a pact of the record 2 Textile Workers Union of Anieuca is the parent organization of the American Federa- tion of llosteiy Workers It was stipulated at the hearing that there is no dispute between the two above-mentioned unions 45 N.L.R B,No.77. 533 534 DEIOISIO'NS. OF NATIONAL LABOR RELATIONS BOARD 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. Upon the entire record in the case the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Powell Knitting Company is a- Pennsylvania corporation en- gaged at Spartanburg County, South Carolina, in the manufacture, sale, and distribution of seamless- hosiery. During the past 12-month period, the Company purchased raw materials consisting of cotton yarn, dyestuff, machinery, and supplies, 85 percent of which was purchased and shipped to the Company from points outside the State of South Carolina. During the same period the Company manufactured and sold finished products valued at approximately $675,000, 95 percent of which was shipped to points outside the State of South Carolina. The Company admits it is engaged in interstate commerce within-the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED American Federation of Hosiery Workers is a labor organization affiliated with the Textile Workers Union of America and with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about September 15, 1942 the Union requested the Company to recognize it as exclusive bargaining agent for employees of the Company in the unit hereinafter found to be appropriate. The Company refused to recognize the Union unless and until it had been certified by the Board. A statement by a Field Examiner of the Board, introduced in evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the appropriate unit.$ We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. 8 The statement by the Field Examiner shows that the Union submitted to him 167 authorization cards , all of which appear to beat genuine original sign atures, and 156 of which are the names of persons on the Company 's pay- roll of September 11, 1942, in the appropriate unit Said pay roll contains the names of 317 persons within the appropriate unit Of the 156 cards , 1 was dated September 21 and 2 were dated September 28, 1942, and 153 were undated The Union alleged , without, contradiction that all the undated cards were signed between August 27 and September 28, 1942. THE POWELL KNITTING COMPANY IV. THE APPROPRIATE UNIT 535 We-find, in accordance with a stipulation of the parties, that all employees of the Company, including watchmen"4 and sweepers, but excluding general office, clerical, executive, administrative, and su- pervisory employees, foremen, foreladies, and higher supervisory officials, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. The Union requested that its name appear on the ballot as Ameri- can Federation of Hosiery Workers, C.I.O. The request is hereby granted. 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations-Board Rules and Regulations-Series 2, as amended, it is hereby DIREc m that,,as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Powell Knitting Company, Spartanburg County, South Carolina, an elec- tion 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 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 10, 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 em- ployees 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 em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by American Federation of Hosiery Workers, C.I.O., for the purposes of collective bargaining. ' Watchmen are included in the stipulated production and maintenance unit, because they tend the plant boilers in addition to guarding the plant.