Douglas Mill, Inc.

in the 11`latter of D OUGLAS MILL, INC., and TExiii.i, WORKERS UNION OF AMERICA, C. I. O. Case No 10-R-1482.-Decided Jime 2, 1945 I-Iaynsworth & Haynsworth, by Messrs. C. F. Haynsworth and F D. Rainey, of Greenville, S. C., and Mr. If. If. Pate, Greenville, S. C., for the Company. Messrs. Horace i!'lute and I-Ienrv If. Denton, of Atlanta, Ga., for the Union. Mr. Louis Cokln, of counsel to the Board. Is DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CAST Upon petition duly filed by Textile Workers Union of America, C. I. 0 , herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Douglas Mill, Inc., Douglasville. Georgia, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Albert D. Maynard, Trial Examiner.'Said hearing was held at Douglas- ville, Georgia, of May 11, 1945 The Company and the Union appeared,' participated. and were afforded full opportunity to 4e heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Company moved to dismiss the petition. The Trial Examiner reserved ruling thereon for the Board. The motion is hereby denied for the reasons stated in Section V, infra. 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 : 62 N L. R B, No 6 IThe Company withdrew from the healing following its motion to dismiss, discussed below 40 DOUGLAS MILL, INC. FINDINGS OF FACT 1. THE BUSINESS OF TIIE COMPANY 41 Douglas Mill, Inc., is a Georgia corporation operating a plant at Douglas- °ville, Georgia, where it is engaged in the manufacture of print cloth, sheet- ing, and yarn. During 1944 the Company purchased raw materials valued in excess of $50,000, about 33 percent of which was shipped to it from points outside the State of Georgia During the same period, the Company manufactured products valued in excess of $75,000, all of which was shipped to points outside the State of Georgia. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 10, 1945, the Union requested the Company to recognize it as exclusive collective bargaining representative of the employees at the Doug- lasville plant of the Company. The Company refused this request stating that it doubted the Union's claim to a majority. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees within 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 The Union urges that all employees at the Douglasville, Georgia, plant of the Company, including watchmen, maintenance employees, yardmen, and section men, but excluding clerical and office employees, and second hands and supervisory employees of higher rank, constitute a unit appro- priate for the purposes of collective bargaining. The Company took no position with respect to the unit inasmuch as it withdrew from the hearing prior to the unit discussion contained in the record. Evidence introduced at the hearing indicates that employees claimed by the Union constitute A well-defined homogeneous group. We find that all employees at the Douglasville, Georgia, plant of the Conl- The report of the Field Ex.munet shows that the Union submitted 176 ntenibet ship tppiie.itimt caids There ate approximately 300 employees in the .ippiopuate unit. 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD parry, including watchmen, 3 maintenance employees, yardmen, and section• men, but excluding office and clerical employees, second hands and employ- ees of higher rank, 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, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETER\IINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. At the hearing the Trial Examiner reserved ruling upon a motion by the Company to dismiss this proceeding because a number of its employees were in the armed forces . We have heretofore denied said motion. The Company further requested that if an election is directed in this proceeding that the Board should take the vote of employees in military service by ]nail With respect to employees in the armed forces , it has been our customary procedure to declare eligible only those who present themselves in person at the polls.' In the Mine Safety Appliances Co. case,' we reconsidered fully our policy in that respect and reaffirmed our previous findings that it is not administratively practicable to poll employees on military leave by mail NIo further reason appears in the instant case to depart from our established policy. Our inability to poll all the employees on military leave, however, will not necessarily operate to give permanent status to a bargaining repre- sentative chosen in their absence . When it is demonstrated that servicemen have returned to their employment in sufficient numbers so that they com- prise a substantial percentage of the employees in an appropriate unit in which we have certified a collective bargaining representative , a new peti- tion for the investigation and certification of a bargaining agent may be filed with the Board. In this manner employees in the armed forces who were unable to cast a vote will be offered an opportunity to affirm or change the bargaining agent selected in their absence 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 , The watchmen are neither deputized nor militarized See Matter of Wilson & Co, Inc, 37 N L. R. B 944 55N L R.B 1190 J)()U(;LAb MILL, INC 43 and Regulations-Series 3 , as amended , it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the .purposes of collective bargaining with Douglas Mill, Inc., Douglas- vnlle, Georgia , an election by secret ballot shall be conducted as early as possible, but not later than thirty ( 30) clays from the (late 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 Artnc*-III, Sections 10 and 11, of said Rules and Regulations, among the employees nn 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 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 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, C. I. 0., for the purposes of collective bargaining. 0