Guilford Hosiery Mills, Inc.

In the Matter of GUILFORD HOSIERY MILLS, INC., EMPLOYER and UNITED TEXTILE WORKERS OF AMERICA, A. F . of L., PETITIONER Case No. 5-R-0292.-Decided August 30,1946 Messrs. Thornton H. Brooks and Kenneth M. Brim, of Greensboro, N. C., for the Employer. Messrs. Grady Morton and John W. Pollard, of High Point, N. C., for the Petitioner. Mr. H. King, of Chattanooga, Tenn., and Mr. John J. McCoy, of Greensboro, N. C., for the C. L^O. Mr. Angelo J. Fiumara, of counsel to the Board. DECISION AND DIRECTIONS OF ELECTIONS Upon a petition duly filed, hearing in this case was held at High Point, North Carolina, on June 24, 1946, before George L. Weasler, Trial Examiner. 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 National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Guilford Hosiery Mills, Inc., a North Carolina corporation, is en- gaged in the manufacture and sale of hosiery at its mill at High Point, North Carolina. During the year 1945, the Employer purchased ap- proximately $100,000 worth of cotton and woolen yarn, about 20 per- cent of which was purchased and shipped to its mill from points out- side the State of North Carolina. During the same period, the Em- ployer sold hoisery, valued at in excess of $200,000, about 90 percent of which was sold and shipped to places outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 70 N. L. R. B., No. 85. 1047 1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization, affiliated with the American. Federation of Labor, claiming to represent certain employees of the Employer. American Federation of Hosiery Workers, herein called the C. I. 0., is a labor organization, affiliated with Congress of Industrial Or- ganizations, claiming to represent certain employees of the Employer.' III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The Petitioner urges as appropriate a unit consisting of all pro- duction and maintenance employees, including boarders, but ex- cluding timekeepers, record clerks, clerical employees, foreladies, fore- men, and supervisory employees. The Employer agrees with the foregoing unit description except that it would include the time- keepers and the record clerks. The record discloses that by virtue of separate 1-year contracts executed on June 16, 1944, and on November 1, 1945, respectively, the Employer recognized the Petitioner as the collective bargaining rep- resentative for its boarders.2 Since their -interests are closely allied with those of the other production and maintenance employees whom the Petitioner wishes to represent, we are of the opinion that they might well function as part of a production and maintenance unit. However, in view of their separate history of collective bargaining, we shall conduct a separate election among the boarders to de- termine their desires with respect to the matter. Accordingly, we shall make no final unit determination at this time pending the results of the elections hereinafter ordered. In the event the em- ployees in the voting groups described below, voting separately, select the Petitioner, they shall together constitute a single appropriate ` units The C. I 0 appeared at the hearing. but subsequently withdrew therefrom. 2 Boarders dry and shape hose after they have been dyed. See Matter of The A. S. Abell Company, 62 N. L. R. B. 1414 , and Matter of New York Butchers Dressed Meat Company, Dsvision of Armour and Company, 67 N. L. R. B. 1010. GUILFORD HOSIERY MILLS, INC. 1049 There remains for consideration the following employees whom the Petitioner would exclude and the Employer include : Timekeepers: These employees have the normal function of keep- ing time records; they engage in no production work. In accordance with our customary practice, we shall exclude the timekeepers.' Record clerks: The duties of the record clerks consist of making lot tickets for knitters and issuing all order forms for the shipment of goods. Since they work in the plant and have interests closely aligned to those of the production and maintenance workers we'shall include them.5 We shall direct that separate elections be held among the em- ployees of the Employer in the voting groups described below who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction, excluding from each of said voting groups all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action : (1) All boarders. (2) All production and maintenance employees, including record clerks, but excluding timekeepers, clerical employees, foreladies, fore- men, and all supervisory employees. As stated above there will be no final determination of the appro- priate unit pending the results of the elections. DIRECTION OF ELECTIONS As part of the-investigation to ascertain representatives for the 'purposes of collective bargaining with Guilford Hosiery Mills, Inc., High Point, North Carolina, separate elections 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, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, among the employees in the voting groups described in Section IV, above, who were em- ployed 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 ° See Matter of Triangle Hosiery Company, Inc, 65 N. L. It. B. 69. See Matter of Goodman Manufacturing Company, 58 N. L. It. B . 531; and Matter of Kearney t Trecker Corporation, 60 N. L . It. B. 148. 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, to determine in each of the voting groups whether or not they desire to be represented by United Textile Workers of America, A. F. of L., for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, Jx., took no part in the consideration of the above Decision and Direction of Elections. 0