Reliance Manufacturing Co. of Hattiesburg, Mississippi

In the Matter Of RELIANCE MANUFACTURING COMPANY OF HATTIESBURG, Mississippi and UNITED GARMENT WORKERS OF AMERICA , A. F. OF L. Case No. 15-R-1328.-Decided April 21,1945 Mr. Sam Manaecus, of Chicago, Ill., for the Company. Mr. M. G. Sparks, of Meridian, Miss., Mary S. Densinore, of Bir- mingham, Ala., and Mr. Dan P. Ritter, of Kansas City, Kans., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Garment Workers of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Reliance Manufacturing Company of Hattiesburg, Mississippi, Hat- tiesburg, Mississippi, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before LeRoy Marceau, Trial Examiner. Said hearing was held at Hattiesburg, Mississippi, on April 5, 1945. The Company and the Union appeared, participated, and 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Reliance Manufacturing Company of Hattiesburg, Mississippi, is a Mississippi corporation engaged in the manufacture of garments at Hattiesburg, Mississippi. During 1944 the Company purchased raw materials valued at about $700,000, approximately 90 percent of which was shipped to it from points outside the State of Mississippi. Dur- 61 N. L. R. B, No. 106. 673 674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ing the same period the Company sold products valued at about $1,000,000, over 90 percent of which was shipped to points outside the State of Mississippi. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Garment Workers of America is a labor organization af- filiated with the American Federation of Labor, admitting to member- ship employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION On March 3, 1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company did not reply to this request. A statement of an agent of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial num- ber of employees in the unit hereinafter found to be 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 accordance with a stipulation of the parties, that all production and maintenance employees, at the Hattiesburg plant of the Company, excluding clerical employees, superintendents, f ore- ladies, foremen, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute 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 means of an election by secret ballot among the employees 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. 1 The Board agent reported that the Union presented 405 application cards. There are approximately 600 employees in the appropriate unit. RELIANCE MANUFACTURING COMPANY 675 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Reliance Manufacturing Company of Hattiesburg, Mississippi, Hattiesburg, Mississippi, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Fifteenth 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 said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who pre- sent themselves in person at the polls, but excluding any 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 United Garment Workers of America, A. F. of L., for the purposes of collective bargaining.