Gastonia Weaving Co.

In the Matter of GASTONIA WEAVING COMPANY, INC. and FEDERATION OF WOVEN LABEL & NARROw FABRIC WORKERS; LOCAL 2640, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-5059.-Decided April 30, 1943 Mr. Albert P. Wheatley, for the Board. Cherry d Hollowell, by Mr. L. B. Hollowell, of Gastonia, N. C., for the Company. Mr. J. L. Hamvme, of Gastonia, N. C., and Mr. Charles Ehmentraut, of Paterson, N. J., for, the Union. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Federation of Woven Label & Narrow Fabric Workers, Local 2640, affiliated with the American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of the Gastonia Weaving Company, Inc., Gastonia, North Carolina, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Henry J. Kent, Trial Examiner. - Said hearing was held at Gastonia, North Carolina, on March 25, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing upon 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 Gastonia Weaving Company, Inc., a North Carolina corporation having its principal office and place of business at Gastonia, North 49 N. L. R. B., No. 40. 342, GASTONIA WEAVING COMPANY, INC. 343 Carolina, is engaged in the manufacture, sale, and distribution of woven cloth labels. About 80 percent of the finished products manufactured at the Company's Gastonia factory, which amount to approximately $200,000 in value annually, is shipped to points outside the State of North Carolina. The Company concedes that it is engaged in commerce, within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Federation of Woven Label & Narrow Fabric Workers, Local 2640, a branch of The United Textile Workers of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. II. THE QUESTION CONCERNING REPRESENTATION An unaffiliated labor organization known as the Co-Operative Fellowship Club, secured a contract with the Company in May 1938. Thereafter its membership became affiliated with The Textile Workers Organizing Committee (C. I.0.), and later with Federal Labor Union No. 21950 (A. F. of L.), each of which in turn took over the contract. After the expiration of this contract in May 1939, a consent election was held which was lost by Federal Labor Union No. 21950. Since that time no labor organization has bargained on behalf of employees of the Company. Federal Labor Union No. 21950 no longer purports to represent any of the employees. On or about September 1, 1942, the Union, in a letter to the Com- pany, claimed to represent a majority of, the Company's weavers and requested a conference for the purposes of collective bargaining. On or about September 9, 1942, the Company replied that the weavers do not constitute an appropriate unit and that it could not recognize the Union as their representative unless and until the Board certifies the Union as such. A statement of the Regional, Director, introduced in evidence at the hearing, together with a statement of the Board's attorney made at the hearing, indicate 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 I The Regional Director reported that the Union submitted 39 cards, of which 31, all bearing apparently genuine original signatures , correspond with names on the Company's pay roll of January 31, 1943. The Board's attorney also reported that the Union submitted 4 additional cards, of which one name corresponds with a name on the aforesaid pay roll. There are approximately 60 employees in the appropriate. unit; the Company employs a total of about 180 employees. 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the representation. of employees within the meaning of Section 9 (c) and Section 2'(6) and (7) of the Act. IV. THE APPROPRIATE UNIT The, Union contends that all. the, Company's weavers constitute an appropiiate"unit for collective' bargaining purposes. It argues that weavers belong to a highly skilled craft and can function effectively as a bargaining unit, that they constitute the "major department" of the Company which it is its policy to organize first, and that the weavers' right to the benefits of collective bargaining should not de- pend on the state of organization of the Company's other employees. The Company contends that a plant-wide unit is appropriate. Weavers require years of training and experience, while it takes only a few hours or weeks to acquire the skill necessary to perform the auxiliary operations such as warping, quilling, cutting, folding,, which constitute other departments of the plant. The weavers receive con- siderably higher pay than the other production employees of the Com- pany; a large differential is customary in the industry. There is much less labor turnover among the weavers than among the other produc- tion employees of the Company. The unit covered by the contract, hereinbefore described, between the Company and organizations no longer having membership among the employees of the Company, or no longer in existence, and which was also the unit provided for in.the consent election of 1939, consisted of all employees of the Gastonia plant, except supervisory, technical, and clerical employees. However, the record shows that the organization of the Company's business is such that either a unit comprising all pro- duction employees or one limited to weavers could be appropriate for the purposes of collective bargaining. Since effective self-organization is at present limited to the weavers, and since no other organization seeks to represent employees of the Company, we are of the opinion that. the unit sought by the Union is appropriate? Under these circumstances, including the existing state of organiza- tion among the employees of the Company and without prejudice to a reconsideration of the appropriate unit, at a later state in employee self-organization, we find that all- weavers in the weaving department of the Company's Gastonia, North Carolina, plant, excluding foremen and assistant foremen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act, 2 See Matter of Phllmer B. Eves and H. J. Andresen, as Executors of the Last Will and Testament of Albert K. Buhl, now deceased, formerly doing business under the trade name and style of Empire State Silk-Label Co. and Federation of Woven Label & Narrow Fabric Workers, A. F. of L, 42 N. L R B 1209; Matter of New Jersey Worsted Mills' and Wool Sorters' Local 33 of the 'Woolen and Worsted Federation , affilsated with the United Textile Workers of America, A . F. of L., 35 N. L. R. B. 1303; Matter of Crescent Dress Company and Cutters Local 11, I. L. G. W. U., A. F. of L., 29 N. L. It. B. 351. ,GASTONIA WEAVING COMPANY, INC. 345 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 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Gastonia Weaving Com- pany, Inc., Gastonia, 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, 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 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 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, to determine whether or not they desire to be represented by Federation of Woven Label & Narrow Fabric Workers, Local 2640, affiliated with the American Federation of Labor, for the purposes of collective bargaining.