Lincoln Mills of Alabama

In the Matter of LINCOLN MILLS OF ALABAMA and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. B-1034.-Decided November 10, 1938 Cotton Textile Industry-Investigation of Representatives : controversy con- cerning representation of employees : rival organizations-Unit Appropriate for -Collective Bargaining : all production and maintenance employees , including utility maintenance men, watchmen , and second hands, excluding supervisory employees having the power to hire and discharge-Election Ordered Mr. Berdon M. Bell, for the Board. Taylor & Taylor, by Mr. Douglas Taylor and Mr. Thomas J. Tay- lor, of Huntsville, Ala., for the Company. Mr. Herbert G. B. King, of Chattanooga, Tenn., for the T. W. O. C. Mr. S. E. Roper, of Birmingham, Ala., for the A. F. of L. Mr. E. H. Parsons, of Huntsville, Ala., for the Progressive. Mr. Francis V. Paone, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 1, 1938, 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 affect- ing commerce had arisen concerning the representation of em- ployees of Lincoln Mills of Alabama, Huntsville, Alabama, herein called the Company, and requesting an investigation and certification ,of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 13, 1938, 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. On September 17, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the T. W. O. C., and the American Federation of Labor, herein called the 9 N. L. R B ., No. 72. 778 DECISIONS AND ORDERS 779 A. F. of L., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on September 27, 1938, at Huntsville, Alabama, before L. Richard Insirilo, the Trial Examiner duly designated by the Board. At the commencement of the hearing the A. F. of L. and the Progressive Workers of America, herein called the Progres- sive, also a labor organization claiming to represent employees di- rectly affected by the investigation, filed motions to intervene. The Trial Examiner granted both motions. The Board, the Company, the T. W. O. C., and the Progressive were represented by counsel, and the A. F. of L. by its local representative. All the parties par- ticipated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Trial Examiner made several rulings on motions and objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Subsequent to the hearing the Company requested opportunity for oral argument before the Board. The Board granted the request and set the date for such argument. Thereafter, however, the Company notified the Board that it had withdrawn its request and no oral argument was had. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Lincoln Mills of Alabama, was incorporated in 1918 under the laws of the State of Alabama and maintains its principal place of business in Huntsville, Alabama. It is engaged in the manufacture and sale of cotton ducks, twills, osnaburgs, and yarn. Approximately 5 per cent of the raw materials used by the Com- pany are purchased outside the State of Alabama and transported to its factory in Alabama. Approximately 90 per cent of the finished products manufactured by the Company are sold and shipped to points outside the State of Alabama. The volume of the Company's finished products during the period from January 1, 1937, to Sep- tember 1938 amounted to approximately 17,000,000 pounds. II. THE ORGANIZATIONS INVOLVED Textile Workers Organizing Committee is a labor organization affiliated with the Committee for Industrial Organization, admitting to its membership all production and maintenance employees of the Company, including utility maintenance men, watchmen, and second 780 NATIONAL LABOR RELATIONS BOARD hands, but excluding supervisory employees having the power to -hire and discharge. American Federation of Labor is a labor organization admitting -to its membership all production and maintenance employees of the -Company, including utility maintenance men, watchmen, and second hands, but excluding supervisory employees having the power to hire -and discharge. Progressive Workers of America is a labor organization not affili- ated with any national union, admitting to its membership all pro- -duction and maintenance employees of the Company, including util- ity maintenance men, watchmen, and second hands, but excluding ,supervisory employees having the power to hire and discharge. III. THE QUESTION CONCERNING REPRESENTATION In August 1938 the T. W. 0. C. and the Progressive each requested the Company to bargain with it as the exclusive representative of all the production and maintenance employees of the Company. The Company informed each organization that it had no way of ascer- taining which organization represented a majority of its production and maintenance employees. The Company accordingly announced that it would not deal with either organization until the Board certified one as the representative of its employees. We find that a question has arisen concerning the representation of 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 it was agreed by all the parties that the appropriate unit should consist of all production and maintenance employees in- cluding utility maintenance men, watchmen, and second hands, but excluding supervisory employees having the power to hire and dis- charge. All the employees in the desired unit are eligible to member- ship in the unions here involved, and we see no reason to depart from the desires of the parties. We find that all the production and maintenance employees of the Company, including utility maintenance men, watchmen, and second DECISIONS AND ORDERS 781 hands, but excluding supervisory employees having the power to hire and discharge, constitute a unit appropriate for the purposes of col- lective 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 At the hearing it was stipulated that the T. W. O. C. had authori- zation cards signed by 965 employees designating it as their bargain- ing representative; that the A. F. of L. had authorization cards signed by 150 employees designating it as their bargaining representative; and that the Progressive had obtained a petition stating in substance that the 436 employees whose signatures appeared thereon had desig- nated this organization as their bargaining representative. The Company introduced in evidence its January 1 and September 24, 1938, pay rolls, the former containing the names of approximately 1,510 employees in the appropriate unit and the latter the names of 837 employees within the appropriate unit. The parties agreed that the memberships stipulated above consist of employees whose names appear on the pay rolls submitted in evidence. None of the organi- zations, however, introduced membership cards or other documentary evidence of membership, and it is impossible to determine from the record the number of employees who have joined more than one of these organizations. Under the circumstances, we find that the ques- tion which has arisen concerning the representation of employees of the Company can best be resolved by the holding of an election by secret ballot. The record shows that since the opening of the plant in August 1938 the number of employees on the Company's pay roll has varied between 750 and 850. On the September 24 pay roll, which was the last pay roll prior to the hearing, the Company employed 837 per- sons within the unit. It would appear that this pay roll is a fair representation of employment in the Company's mill and we shall adopt it for the purpose of determining eligibility of employees to participate in the election. 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 Lincoln Mills of Alabama, Huntsville, 1 See Matter of Merrimack Manufacturing Company and American Federation of Labor, Matter of Merrimack Manufacturting Company and Textile Workers Organizing Committee, 9 N. L. R B. 173. 782 NATIONAL LABOR RELATIONS BOARD Alabama, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of the Company, including utility maintenance men, watchmen, and second hands, but excluding supervisory employees having the power to hire and dis- charge, constitute a unit appropriate for the purposes 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, 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 the purposes of collective bargaining with Lincoln Mills of Alabama, Huntsville, Alabama, 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 the production and maintenance employees, including utility maintenance men, watchmen, and second hands, who were employed by Lincoln Mills of Alabama, Huntsville, Alabama, during the pay-roll period ending September 24, 1938, but excluding supervisory employees having the power to hire and discharge, and those who have since voluntarily quit or been discharged for cause, to determine whether they desire to be represented by Textile Workers Organizing Committee, affili- ated with the Committee for Industrial Organization, by the Ameri- can Federation of Labor, or by the Progressive Workers of America, for the purposes of collective bargaining, or by none of these labor organizations.