Exposition Cotton Mills Co.

In the Matter of EXPOSITION COTTON MILLS COMPANY and TEXTILE WORKERS UNION OF AMERICA, CIO Case No. 10-R-1106.-Decided March 9, 1944 Mr. James A. Branch, and Mr. George E. Glenn, Jr., of Atlanta, Ga., for the Company. Mr. R. C. Thomas, of Atlanta, Ga., for the Union. Mr. William Strong, 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, CIO, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Ex- position Cotton Mills Company, Atlanta, Georgia, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Mortimer H. Freeman, Trial Examiner. Said hearing was held at Atlanta, Georgia , on February 21, 1944. 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 fol lowing: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Exposition Cotton Mills Company, a Georgia corporation, main- tains its principal office and place of business in Atlanta, Georgia, where it is engaged in the manufacture of sheetings, quills, osnaburgs, sateen, and drills. During the past 12 months the Company used raw 55 N L. R. B, No. 64 355 356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD materials valued at between $3,000,000 and $4,000,000, more than 75 percent of which was purchased and shipped from points outside the State of oGeorgia to the Company 's plant. During the same period, the Company manufactured finished products , valued in excess of $8,000,000, more than 90 percent of which was shipped to customers in States other than the State of Georgia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Textile Workers Union of America , affiliated with the Congress of Industrial Organizations , is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of the Company's em- ployees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a,substantial number of em- ployees 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, in substantial agreement with a stipulation of the parties, that all employees of the Company at the Atlanta plant, excluding clerical employees, tool clerks, stock men, watchmen , guards , the vil- lage deputy sheriff, and all supervisory employees 2 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 the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERI\IINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- 1 The Field Examiner reported that the Union submitted 765 membership application cards and that there are 1,204 employees in the alleged appropriate unit. 2 This category includes "third hands" and above EXPOSITION COTTON MILLS COMPANY 357 ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Rela- tions Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Exposition Cotton Mills Company, Atlanta, Georgia, 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 Tenth 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 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 the said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding those employees 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.