115 NLRB 250

Melrose Hosiery Mills, Inc.

Last amended: 1956Year: 1956Length: 773 wordsOfficial source
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD this right to an observer. Accordingly, we shall set the election aside and direct that a new election be held? [The Board set aside the election.] [Text of Direction of Second Election omitted from publication.] MEMBER RODGERS took no part in the consideration of the above Decision, Order, and Direction of Second Election. 7 In joining to set the election aside, Member Bean also rests on the further ground that denial of the Employer's reasonable request for a momentary delay to obtain an observer from Decatur Street prejudiced that essential fairness which ought to prevail at all Board-conducted elections. Melrose Hosiery Mills, Inc. and United Textile Workers of Amer- ica, AFL-CIO, Petitioner. Case No. 11-RC-783. January 27, 1956 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF ELECTION On November 17, 1955, the Board issued a Decision and Order in this proceeding,' finding inappropriate a unit limited to employees of the English Street mill of the Employer. On November 25, 1955, the Petitioner filed a motion for reconsideration and, if necessary, a reopening of the record to secure additional evidence. The Employer filed no response to this motion. The Petitioner in its motion for reconsideration requested as an alternative to its request for a single-plant unit, that the Board order an election at all 3 plants of the Employer as 1 unit. Inasmuch as the Petitioner made an adequate showing of interest for such a unit at the time the petition was filed, we grant the motion for reconsideration in this respect and make the following supplemental findings : A question affecting commerce exists concerning the representation of certain employees of the Employer within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. The Employer's operations are carried on at three separate mills located at High Point, North Carolina. The Board found in the pre- vious Decision and Order that control over the general conditions of employment was centralized, that the operations of the three plants were integrated, and that the employees exercised similar skills and functions. From these findings of fact, it is apparent that a three- plant unit as now requested by the Petitioner is appropriate. On the basis of undisputed testimony given at the hearing by the Employer's vice presidents, we find that the following persons have 1114 NLRB 1166. 115 NLRB No. 25. CHARLES W. CARTER CO. 251 the authority to hire and discharge and are supervisors within the meaning of the Act : English Street mill: The superintendent, assistant superintendent, foremen, and assistant foreman in the knitting department, foremen in the looping department, the dye house, and the finishing room, and a person named Steed, who is in charge of electrical equipment and the boiler. Glenn mill: The superintendent and all foremen. Full-fashion and seamless mill: The superintendent, all foremen- fixers, and the foreman in the finishing department. Accordingly, we exclude these classifications from the unit found appropriate. The record shows that the Petitioner already represents under cur- rent contract the employees in the English Street boarding rooms Nos. 1 and 2 who the parties agree should be excluded from the unit. We shall therefore not include them in the election herein. However, the boarders at the Glenn mill and the full-fashion and seamless mill are unrepresented and we shall include them. If the Petitioner is selected as representative of the employees in the unit described below, the parties may merge this unit and the English Street unit for bargain- ing purposes. Accordingly, we find that all production and maintenance employees of the Employer's three hosiery mills located at High Point, North Carolina, and referred to as the English Street mill, the Glenn mill, and the full-fashion and seamless mill, including all plant clericals, and the watchmen, but excluding the boarders in boarding rooms Nos. 1 and 2, all office clerical employees, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. [The Board vacated the Order dismissing the petition.] [Text of Direction of Election omitted from publication.] Charles W. Carter Co.-Los Angeles and Mrs. Edwin Selvin International Brotherhood of Teamsters , Chauffeurs, Warehouse- men and Helpers of America, AFL-CIO, and Its Local 986, and Its Joint Council No. 42, and Its Western Conference of Team- sters Organizing Committee and Mrs. Edwin Selvin . Cases Nos. 21-CA-2147 and 21-CB-685. January 30, 1956 DECISION AND ORDER On October 3, 1955, Trial Examiner Martin S. Bennett issued his Intermediate Report in the above-entitled proceeding, finding that 115 NLRB No. 43.
115 NLRB 250: Melrose Hosiery Mills, Inc. | Justis AI