Beaumont Manufacturing Co.

In the Matter of BEAUMONT MANUFACTURING COMPANY and TExrIiF WORKERS ORGANIZING COMMITTEE Case No. 8-543.Decided February 4, 1938 Cotton Textile Industry-Investigation of Representatives : controversy con- cerning representation of employees : refusal by employer to recognize petition- ing union as bargaining agency-Unit Appropriate for Collective Bargaining: production employees ; stipulation as to-Election Ordered-Certification of Representatives. Mr. Marion A. Prowell, for the Board., Mr. C. W. Perrin, Spartanburg, S. C., for the Company. Mr. S. P. Brewer, Charlotte, N. C., for the T. W. O., C. Mr. A. George Koplow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 13, 1937, Textile Workers Organizing Committee, herein called the T. W. O. C., filed with the Regional Director for the) Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Beaumont Manufacturing Company, Spartanburg, South Carolina, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 27, 1937, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. The Regional Director issued a notice of hearing on December 22, 1937, and an amended notice of hearing on January 7, 1938, copies of both of which were duly served upon the Company and upon the T. W. O. C. Pursuant to the notice and amended notice, a hearing was held on January 11, 1938, at Spartanburg, South Caro- lina, before James N. Brown, the Trial Examiner duly designated 100 DECISIONS AND ORDERS 101 by the Board. The Board, the Company, and the T. W. O. C. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Exam- iner and finds that no prejudicial errors were committed. The rul- ings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 1 The Beaumont Manufacturing Company was incorporated under the laws of South Carolina in 1889. It has an authorized capital of $600,000, and issued capital of the same amount. It is engaged in the manufacture of cotton cloth. The principal raw material used by the Company is cotton grown in South Carolina, Georgia, Arkansas, Tennessee, and Texas. Ap- proximately 65 per cent of the cotton used comes from outside the State of South Carolina. The Company uses from 4,000 to 5,000 tons of coal annually, which comes primarily from the State of Vir- ginia. Starch used in production comes from the State of Iowa. The Company produces approximately 5,000,000 pounds of prod- ucts annually. Its output is sold through two New York commis- sion houses, to buyers in New York, Missouri, Illinois, and Massa- chusetts. An estimated 90 per cent of the Company's manufactured products are shipped outside the State of South Carolina. The Company employs about 800 persons in its peak season, and 500 to 550 when production is at a low ebb. IT. THE ORGANIZATION INVOLVED Textile Workers Organizing Committee is a labor organization affiliated with the Committee for Industrial Organization, admitting to membership all hourly and piece-rate production and maintenance employees in the textile industry, exclusive of supervisory and cleri- cal forces. III. THE QUESTION CONCERNING REPRESENTATION The T. W. O. C. started an organization campaign among the Company's employees in April 1937. There is credible evidence that 1 The Company stipulated for the record the facts set forth in this section. 102 NATIONAL LABOR RELATIONS BOARD during ensuing months a substantial number of the Company's em- ployees signed application cards authorizing the T. W. O. C. to represent them for the purpose of collective bargaining. On Septem- ber 4, 1937, the T. W. O. C. wrote to the Company requesting a conference and claiming to represent a majority of the workers in the Company. On September 10, 1937, the president of the Company replied by letter, stating that the Company 'cannot agree with your statement that a majority of the employees of Beaumont Manufacturing Company are members of the Textile Workers Or- ganizing Committee of the C. I. O.. ..",z and on the basis of this uncertainty concerning the validity of the T. W. O. C.'s claim to represent a majority of its employees, no recognition was granted. We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce' and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the parties stipulated "that the employees of tha Beaumont Manufacturing Company, exclusive of clerical and super- visory employees, composing what is known as the production em- ployees, constitute an appropriate unit for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act." We see no reason for invalidating this agreed unit. We find that the production employees of the Company, exclusive of clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Although the T. W. O. C. claimed in its petition to represent approximately 363 employees, and at the hearing offered testimony 2 Board Exhibit No. 3. DECISIONS AND ORDERS 103: that it represented between 400 and 500 of the employees in the unit. found to be appropriate, it did not submit in evidence signed mem- bership application cards or other substantial evidence in support of these claims. We find, therefore, that an election by secret ballot is necessary to determine the proper representative for collective bargaining and thus resolve the question concerning representation.. The parties stipulated that in the event the Board should direct - an election, the pay roll of January 8, 1938, should be used to de- termine employees eligible to vote in such election. In view of this. stipulation, those eligible to vote shall be the production employees, exclusive of clerical and supervisory employees, on the Company's: pay roll of January 8, 1938, exclusive of those who since have volun- tarily quit or have been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Beaumont Manufacturing Company, Spar- tanburg, South Carolina, within the meaning of Section 9 (c) andL Section 2 (6) and (7) of the National Labor Relations Act. 2. The production employees of the Company, excluding clerical and supervisory employees, constitute a unit appropriate for the- purpose of collective bargaining, within the meaning of Section- 9 (b) of the National Labor Relations Act. 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, 49 Stat. 449, and pursuant to Article III, Section 8Y of National Labor Relations Board Rules and Regulations-Series 1,. as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Beaumont Manufacturing Company, Spartanburg, South Carolina, an election. by secret ballot shall be conducted within fifteen (15.) 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, Section 9, of said Rules and Regulations, among all production employees of Beaumont Manufacturing Company, at Spartanburg, South Carolina, on its pay roll of January 8, 1938, excluding clerical and supervisory employees and those who, since 80535-38-8 104 NATIONAL LABOR RELATIONS BOARD have voluntarily quit or have been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Organizing Committee for the purposes of collective bargaining. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES March 15,1938 On February 4, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled case. The Direction of Election directed that an election by secret ballot be conducted within fifteen (15) days from the date of the Direction among all production employees of Beau- mont Manufacturing Company, Spartanburg, South Carolina, on its pay roll of January 8, 1938, excluding clerical and supervisory em- ployees and those who since had voluntarily quit or had been dis- charged for cause, to determine whether or not they desired to be represented by Textile Workers Organizing Committee for the purposes of collective bargaining. Pursuant to this Decision and Direction of Election, an election by secret ballot was conducted under the direction and supervision of Charles N. Feidelson, the Regional Director for the Tenth Region (Atlanta, Georgia), on February 18, 1938. Thereafter the said Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, issued and duly served upon the parties his Intermediate Report on the ballot. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total number eligible----------------------------------------- 561 Total ballots cast--------------------------------------------- 503 Total votes for the Textile Workers Organizing Committee (Affili- ated with C. I. O.)------------------------------------------ 291 Total votes against the Textile Workers Organizing Committee (Affiliated with C. I. O.)------------------------------------ 208 Total votes challenged---------------------------------------- 2 Total ballots miscast----------------------------------------- 2 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, DECISIONS AND ORDERS 105 IT IS HEREBY CERTIFIED that Textile Workers Organizing Committee has been designated and selected by a majority of all production em- ployees of Beaumont Manufacturing Company, Spartanburg, South Carolina, excluding clerical and supervisory employees, as their repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Textile Workers Organizing Committee is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.