Magnolia Cotton Mill Co., Inc.

In the Matter Of, MAGNOLIA COTTON MILL Co., INC. ALSO KNOWN AS MAGNOLIA COTTON MILL DIvIsioN OF N. &, W. OVERALL COMPANY, INC., EMPLOYER and UNITED TEXTILE WORKERS OF AMERICA, A. F. L., PETITIONER Case No. 15-R-1933.Decided January 10, 1947 0 111r. H. V. Watkins, of Jackson, Miss., for the Employer. Messrs. E. K. Ross and C. W. Mowery, of Magnolia, Ark., for the Petitioner. Mr. Philip Licari, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Mag- nolia, Arkansas, on October 25, 1946, before Jerome A. Reiner, hear- ing officer. At the hearing, the Employer moved to dismiss this peti- tion on the ground that there is presently pending a charge of unfair labor practices against it filed by the Petitioner. The motion is de- nied., The hearing officer'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. TIIE BUSINESS OF TILE EMPLOYER Magnolia Cotton Mill Co., Inc., also known as the Magnolia Cotton Mill Division of N & W Overall Company, Inc., a Virginia corpora- tion, is engaged at Magnolia, Arkansas, in the manufacture, sale, and distribution of cotton piece goods. During the 6-month period ending, June 30, 1946, the Employer purchased raw materials valued at in excess of $150,000, of which approximately 2 percent was shipped from points outside the State of Arkalsas. During the same period the Employer purchased finished goods valued at in excess of $250,000, i On October 25, 1946 , the Petitioner filed a waiver of any right to urge any of the mat- ters contained in the charge filed in Case No. 15-C-1205 as the basis for future objections to an election, or to the results thereof. L. B 4 MAGNOLIA COTTON MILL CO., INC. 51 of which 99 percent was shipped to points outside the State of Arkansas. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American. Federation of Labor, claiming to represent employees of the Em- ployer. , . III. THE QUESTION CONCERNING REPRESENTATION The Employer admits and we find that it is engaged in commerce 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 meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree that all production and maintenance employees at the Employer's Magnolia, Arkansas, plant, including section hands, but excluding master mechanics, second hands, and overseers, con- stitute a unit appropriate for the purposes of collective bargaining. However, they are in dispute with respect to the overhaulers, whom the Petitioner seeks to include and the Employer desires excluded from the unit on the ground that they are supervisory employees. The Employer has several overhaulers whose main functions are, to check repairs on looms and instruct workers in the operation there- of. The record also shows that they have the authority effectively to recommend the promotion, demotion or discharge of loom fixers, and at times substitute for the overseers, who are in complete charge of their respective departments. We are of the opinion that the over- haulers are supervisory employees within our usual definition thereof,, and, accordingly, we shall exclude them from the appropriate unit. We find that all production and maintenance employees at the Employer's Magnolia, Arkansas, plant, including section hands, but excluding master mechanics, second hands, overhaulers, overseers, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, 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. t6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Magnolia Cotton Mill Co., Inc., also known as the Magnolia Division of N. & W.,Overall Com- pany, Inc., Magnolia, Arkansas, 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 Fifteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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- including employees who did not work during said pay-roll period present themselves in person at the polls, but excluding those em- ployees 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 Textile Workers of America, A. F. L., for the purposes of collective bargaining.