Triangle Hosiery Co., Inc.

I In the Matter of TRIAN GLE HOSIERY COMPANY, INC.' and UNITED TEXTILE WORKERS OF AMERTCA, A. F. OF L. Case No. 5-R-2015.-Decided December °39, 1945 Mr. Kenneth M. Brim, of Greensboro, N. C., and Mr. H. P. Hardin, of High Point, N. C., for the Company. Mr. Albert W. Cox, of High Point, N. C., for the A. F. of L. Mr. W. Cedric Stallings, of Greensboro, N. C., for the C. I. O. Mr. Samuel G. Hamilton, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Textile Workers of America, A. F. of L., herein called the A. F. of L., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Triangle Hosiery Company, Inc., High Point, North Caro- lina, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. The hearing was held at High Point, North Carolina, on August 10, 1945. The Company, the A. F. of L., and American Federation of Hosiery Workers-CIO, herein called the C. I. 0., appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence hearing on the issues. At the close of the hearing the A. F. of L. moved to dismiss the C. I.O.'s petition to intervene. The Trial Examiner reserved ruling upon this motion for the Board. For reasons stated in Section V, infra, the motion is denied. 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: I Name as amended at the hearing. 65 N. L. R. B., No. 17 69 70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Triangle Hosiery Company, Inc., is a North Carolina corporation with its principal office and place of business in' High Point, North Carolina, where it is engaged in the manufacture and sale of men's and children's hosiery. During the year 1944, the Company purchased raw materials , consisting chiefly of cotton and rayon yarns, valued at more than $100,000, of which approximately 25 percent was shipped from points outside the State of North Carolina. During the same period, the Company manufactured products valued at more than $200,000, of which approximately 75 percent was shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Textile Workers of America is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. American Federation of Hosiery Workers is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the A. F. of L., as the exclusive bargaining representative of certain of its employees until the A. F. of L. has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the A. F. of L. represei is a substantial number of employees in the unit hereinafter found appropriate 2 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. 2 The Field Examiner reported that the A. F. of L submitted 213 authorization cards, and that 85 of the cards were dated "May," 103 "June," and 25 "July." The Trial Examiner stated on the record that, at the hearing, the A. F. of L. Submitted 18 additional cards, "sixteen of which are dated during the month of August, and two of which are dated during the month of July 1945," and all of which "purport on their face to be the application-for-membership cards of the United Textile Workers of America of employees presently working at the Triangle Hosiery Company" The Trial Examiner also stated on the record that, at the hearing, the C I. 0 "sub- mitted four membership cards with its [petition] to intervene, all four of which are dated during the month of July , 1945, and purport to bear the names of people employed by the Company." There are approximately 467 employees in the appropriate unit TRIANGLE HOSIERY COMPANY, INC. 71 IV. THE APPROPRIATE UNIT The A. F. of L. seeks a unit comprising all production and main- tenance employees of the Company,3 including the firemen-watchmen 4 and truck driver, but excluding boarders,5 the carpenter, timekeepers, record clerk, clerical employees, foremen, foreladies, assistant fore- men, and all other supervisory employees. The Company and the C. I. 0. agree with the A. F. of L.'s position except that the Company would include the timekeepers and the record clerk, and the C. T.6 seeks to exclude the truck driver. Timekeepers: Two timekeepers work in a room in one corner of the basement next to the superintendent's office. The other timekeeper works in the knitting department next to the desk of the foreman. Timekeepers keep time and production records. Records from the time clocks are brought to the timekeepers by the foremen. Time- keepers do not engage in production work. In accordance with our customary practice when there is no history of collective bargaining to the contrary, we shall exclude the timekeepers.6 Record cleric: 7 The record clerk is located near the door of the re- ceiving room in the warehouse in Mill'No. 1. She keeps records of incoming and outgoing yarns and other raw materials, and furnishes the buying department at specified times with the required records. She is under the supervision of the foreman of the knitting depart- ment. We shall include the record clerk.s Truck driver: The truck driver spends all of his time hauling raw material and finished products. Since the truck driver is an em- ployee whose interests and conditions of employment are not alto- gether the same as those of other employees, and since the parties are in dispute as to his inclusion, we shall exclude him .9 We find that all production and maintenance employees of the Company, including the firemen-watchmen and the record clerk, but excluding other clerical employees, the carpenter, boarders, timekeep- ers, truck driver, foremen, assistant foremen, foreladies, and all other a The Conipanv operates two mills which are about 200 feet apart. They ale enclosed by the same fence, and are under the same general supervision The main office shipping room, finishing department and general warehouse are located in Mill No. 1 Alin No l's other departments are duplicated in Mill No 2 In these other departments , both mills employ identical processes of manufacture , and employees in both mills have correspond- ingly identical duties The parties are in agreement that the appropriate bargaining unit should include employees of both mills 4 Although they do carry arms. the firemen-watchmen are neither uniformed , militarized, nor deputized, nor do they have monitorial duties to perfoi in 5 The A F of L now bargains for boarders in a separate unit 6 See Matter of Sandy Hill Iron & Brass Works, 58 N L R B 949 , Matter of New Jersey Worsted Mills and Cc) a Mills, 63 N. L It. B. 455 7 Hazel II Culler 8 See Matter of New Jersey Worsted Mills and Gera Mills, 63 N L R B 455 9 See Matter of L. L. Stone, et at, trading as Wire & Metal Manufacturing Compaau1, 64 N. L R B . 1139 ; Matter of Sam Boorstein & Harry Boorstein, trading as Blue Ribbon Laundry, 64 N. L R B. 645 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TILE 1)ETERMIIN ATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The A. F. of L., as indicated above, moves that the petition to inter- vene filed,by the C. I. O. should be denied , and asks that the C. I. O. be refused a place upon the ballot , because of the extent of the C. I.O.'s showing of representation among the employees in the unit. We are of the opinion that the interest shown by the C. I. 0., though slight, warrants a denial of the A . F. of L.'s motion, and is sufficient to entitle the C. I. O. to a place upon the ballot."' 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 Re- lations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Triangle Hosiery Company, Inc., High Point, North Carolina, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Dir 'ction, 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 111, Sections 10 and 11, of said Rules and Regula- tions, among 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 va- cation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the 10 See Matter of Elgin National Watih Company. 56 N. L. R B 30; Matter of Thompson Products Inc., 63 N. L. R B. 1495. TRIANGLE HOSIERY COMPANY, INC. 73 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 election, to determine whether they desire to be represented by United Textile Workers of America, A. F. of L., or by American Federation of Hosiery Workers-CIO, for the purposes of collective bargaining, or by neither.