Magnet Mills, Inc.

In the Mattel Of MAGNET MILLS, INc, and ANDERSON COUNTY EMPLOYEES ASSOCIATION - Cuae No R-5829 -Deculed July 17, 194 Jurisdiction : hosiery manufacturing industry Investigation and Certification of Representatives ' existence of question re- fusal to accord any labor organization recognition until ceitihed by Board, election necessary Unit Appropriate for Collective Bargaining . all pioduction and maintenance employees at Company's two plants, excluding super visois clei a al employees, and employees on annual salaries Mr T A Wright, Jr, of Knoxville, Tenn , for the Company Mr Sam K Carson, of Clinton, Tenn , for the Association Mr H. G B Kinq, of Chattanooga, Tenn , for the C I 0 Mr Robert E Tilbman, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE J Upon petition duly filed by Anderson County Employees Associa- tion, herein called the Association, alleging that a question affecting commerce had arisen concerning the repiesentation of employees of Magnet Mills, Inc, Clinton , Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice, before Alexander E Wilson, Jr, Trial Ex- aminer Said hearing was held at Knoxville, Tennessee, on Mai 13, 1942 The company, the Association, and the American Federation of Hosiery Workers, Local Branch 125, affiliated with the Congress of Industrial Organizations, herein called the C I 0, appeared, par- ticipated, and were afforded full-opportunity to be heard , to examine and cross-examine witnesses , and to introduce evidence bearing on the issues The Trial Examiner's rulings , made at the hearing, are free from piejudicial error and are hereby affirmed Upon the entire record in the case, the Board makes the following : 42 N L R B, No 118 574 MAGNET MILLS, INC FINDINGS OF FACT I THE BUSINESS OF THE COMPANY 575 Magnet Mills, Inc, a Delaw,ue corporation, is engaged In the' manufacture of ladies, full fashioned and seamless hosiery. Its principal office and mill ale located at Clinton, Tennessee, where it manufactures full fashioned hosiery It also operates a small seam- less hosiery mill at Lake City, Tennessee During 1941, the Com- pany purchased raw materials of a value of $1,252,335, of which 74 percent originated outside the State of Tennessee During the same period, the Company's gross sales amounted to $3,051,632, of which 93 8 pen cent was shipped outside the State of Tennessee The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act 11 TIIE ORGANIZATIONS INVOLVED Anderson County Employees Association `is an unaffiliated labor organization admitting to membership employees of the Company. American Federation of Hosiery Worker",,,, Local Branch 125, is a labor organization affiliated with the Congress of Industrial Organizations It admits to membership employees of the Com- pany III THE QUESTION CONCERNING REPRESENTATION On DeRembet 17, 1941, the Association requested the Company to recognize it as the exclusive baigaiuing agent of the Company's employees, but the Company has-iefused to deal with any labor organization unless and until it is ceitified by the 'Boaid A statement of a Field Examnler intioduced in evidence at the hearing, indicates that the Association represents a substantial num- ber of employees in the unit hereinafter found appropriate I We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act IV THE APPROPRIATE UNIT The Association requested a unit of all production and ma iite- nance employees of the Company's plants in Lake City and Clinton, 'The Field Examiner stated that the Association sibuutted 449 authoniation cards _to hill) dlted between Noiembe, 11, 1941 and Much 1, 1942, that all bole apparently genuine signatures that 415 of the signatures-were names of peisons on the in ioll of T innni y 10, 1942, I N11101 listed apps oXnnatelY 868 pci sons In the unit hereinaftei found appiup,iate The C 1 0 ietused to submit cards To show its inteiest, it retie, upon the fact that it polled 334 notes out of 863 cast in 1 consent election held 'unions the Comp un s employees on Octobei 3 1941 576 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tennessee, excluding Supervisors , cleiical employees , and employees on annual salaries The Company , while not urging an election , stated that if an election were ordered , it favored a unit which would include the employees of both the Lake City and Clinton plants The C I 0 conceding that under normal encumstances the appro- priate unit would embrace all production and maintenance em- ployees, contends that, the knitting department should be a separate unit apart from the production and maintenance unit In its inter- vening petition , and at the hearing , the C I 0 claimed that it rep- resented a majority of all the production and maintenance employees, but, because of coercion by the Company , town officials and business interests, it had lost the consent election conducted on October 3, 1941 , and could no longer prove that it i epi esented a majority of all the employees However, it claimed that it still represented a majority of the employees in the knitting department In connec- tion with its allegations of coercion , the C I 0 stated that it had filed charges of unfair labor practices against the Company on or about October 1, 1941. The Regional Diiector on or about April 16, 1942, refused to issue a complaint The C I 0 then appealed to the Board On July 13 , 1942, the appeal was dismissed There has been no collective bargaining in the plants involved in this proceeding, but the Company enteied into a consent election agreement with the C I 0 ,, pursuant to which the aforemen- tioned election was held among the employees in the same unit now requested by the Association The record discloses0that the Association was organized subsequent to this election , its first mem- ber. ship card having been signed November 11, 1941 We are of the opinion that no circumstances have arisen which war rant any modification of the unit which the C I 0 agreed was appropriate at the time of the consent election in October 1941 We find that all production and maintenance employees of the Company at its Lake City and Clinton, Tennessee, plants, excluding supervisors, clerical employees , and employees on annual salaries, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the Act V THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot, among the employees in the appropriate unit who were employed duiing the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein MAGNET MILLS, INC. 577 The C I . O. stated that if the Board ordered an election , it desired its name to appeal on a ballot in which the knitting department would be set up as a separate unit The C. I 0 further asserted that it intended to file a petition asking that the knitting department be set off as a separate unit In view of these assertions , we shall not include the name of the C I 0 on the ballot in the election ordered herein , but we shall direct that if the C I. 0 desires to participate in the election it shall notify the Regional Director for the Tenth Region to that effect not later than five (5) days after the date of this Direction of Election, whereupon its name will be placed upon the ballot In the absence of some such notice, its name will not appear upon the ballot DIRECTION OF ELECTION By viitue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act,. and pursuant to Article Ill, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it, is hereby _ DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Magnet Mills, Inc , Clinton, Tennessee, at its plants in Clinton and Lake City, Tennessee, 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 of Election , 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 employees of the Company 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 such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding those employees who have since quit or been discharged for cause, to determine whether or not they desne to be represented by Anderson County Employees Association for the purposes of collective bargaining. 472814-42-vol 42-37