Fulton Bag and Cotton Mills

In the Matter of FuLTON BAG AND COTTON Mn.Ls and AMERICAN FEDERATION OF LABOR, ITS AFFILIATED INTERNATIONAL UNIONS, & DISTRICT 9 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS i Case No. R-5841.Decided September 6, 1943 Swift, Pease, Davidson, Swinson & Chapman, by Mr. J. E. Chap- man, Jr., of Columbus,' Ga., for the Company. Mr. John R. Barr, of St. Louis, Mo., for the Unions. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, its affiliated International Unions, & District 9 of the International As- sociation of Machinists, herein called the Unions, alleging that a question affecting commerce had arisen concerning the representation of employees of Fulton Bag and Cotton Mills, St. Louis, Missouri, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Harold L. Hudson, Trial Examiner. Said hearing was held at St. Louis, Missouri, on August 11, 1943. The Company and the Unions ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the close of the hearing, the Company moved to dismiss the petition on the ground that no question concern- ing representation had arisen since the Unions had not established an interest substantial enough to warrant or justify the Board in ordering an election. The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner'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. 52 N. L. R. B., No. 73. 464 FULTON BAG AND COTTON MILLS - 465 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACTS 1. THE BUSINESS OF THE COMPANY Fulton Bag and Cotton Mills is a Georgia corporation with its principal office in Atlanta, Georgia. The Company is engaged in the manufacture of various types of bags from sheeting, osnaburg, burlap, and paper. It also reclaims and renovates used bags . The Company operates manufacturing plants in Atlanta, Georgia; St. Louis, Missouri ; Kansas City, Kansas ; New Orleans, Louisiana ; Dallas, Texas ; and Minneapolis, Minnesota. The St. Louis plant is the only plant involved in this proceeding . During the fiscal year ending November 20, 1942, the Company purchased raw materials valued in excess of $5,000,000 , of which more than 95 percent was shipped to the St. Louis plant from points outside the State of Missouri . During the same period, the Company manufactured new bags, and renovated used bags, valued in excess of $6,250,000, of which more than 70 per- cent was shipped from the St. Louis plant to points outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED American Federation of Labor, its affiliated International Unions, & District 9 of the International Association of Machinists are labor organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 7, 1943, the Unions requested recognition as the exclusive bargaining representative of the Company's production and main- tenance employees. The Company made no reply to the request.' A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Unions represent jointly a substantial number of employees in the unit hereinafter found to be appropriate.2 1 The Company stated at the hearing that the Union 's letter had not been answered since the Company was in doubt as to whether the Unions represented a majority of its employees. 2 The Regional Director reported that the Unions submitted 164 designations of which 160 bore apparently genuine signatures . Of the 164 designations presented , 150 bore the names of persons whose names appear on the Company's pay roll of June 23, 1943, and were dated between June 26 and July 15, 1943. Said pay roll contained the names of 206 employees within the unit. 466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, in substantial accordance with a stipulation of the parties, that all production and maintenance employees of the Company at its St. Louis, Missouri, plant, excluding foremen and all other super- visory employees with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, and office and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act 3 1 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, subject to the limitations and additions set forth therein. 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 DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Fulton Bag and Cotton Mills, St. Louis, Missouri, 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 Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject td 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 vacation or temporarily laid off, and including employees in the armed forces s The parties stipulated that Frances Kelam be included in the unit, and that Arthur McAllister be excluded from the unit, under the foregoing description. FULTON BAG AND COTTON MILLS 467 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 jointly by American Federation of Labor, its affiliated International Unions, & District 9 of the International Association of Machinists, for the pur- poses of collective bargaining. CHAIRMAN MILms took no part in the consideration of the above Decision and Direction of Election. 549875-44-vol. 52-31