Atlanta Woolen Mills

In the Matter of ATLANTA WOOLEN MILLS and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. R-1,175.Decided February 10, 1939 Woolen Textile Industry-Investigation of Representatives : controversy con- cerning representation of employees : refusal of company to negotiate unless union proves majority-Unit Appropriate for Collective Bargaining: stipulated ; all production- and maintenance employees, excluding clerical and supervisory employees ; second hands performing minor supervisory duties, not provided for in stipulation, excluded-Representatives : eligibility to participate in choice: stipulation as to-Election Ordered Mr. Marion A. Prowell, for the Board. Spalding, Sibley, Troutman d" Brock, by Mr. Pope E. Brock, of Atlanta, Ga., for the Company. Mr. C. E. Earnhardt, of Atlanta, Ga., for the T. W. O. C. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 31, 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, and on November 28, 1938, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Atlanta Woolen Mills, Atlanta, Georgia, 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 December 9, 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 December 22, 1938, the Regional Director issued a notice of hearing, copies of which were duly served on the Company and the 11 N. L. R. B., No. 23. 167 168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD T. W. O. C. Pursuant to the notice a hearing was held on January 9, 1939, at Atlanta, Georgia, before Tilford E. Dudley, the Trial Examiner duly designated by the Board. The Board and the Com- pany were represented by counsel and the T. W. O. C. by a repre- sentative; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner, and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Atlanta Woolen Mills is a Georgia corporation, engaged in the manufacturing of yarn and cloth at its plant in Atlanta, Georgia. Between January 1, 1938, and October 31, 1938, the Company used 1,530,517 pounds of assorted materials valued at $245,502, of which approximately 75 per cent by volume and by value were purchased in and delivered to the Company's plant from points outside the State of Georgia. During the same period the Company produced approximately 815,534 yards of cloth of an approximate value of $440,744, and approximately 663,099 pounds of yarn of an approxi- mate value of $122,640. Ninety per cent of the cloth and 10 per cent of the yarn produced by the Company were shipped from its plant to points outside the State of Georgia. In November 1938 the Com- pany employed approximately 366 employees, of which approxi- mately 341 were production and maintenance employees. H. THE ORGANIZATION INVOLVED Textile Workers' Organizing Committee is a labor organization affiliated with the Committee for Industrial Organization, admitting to membership all production and maintenance employees of the Company, excluding clerical and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION On May 31, 1938, a collective bargaining contract between the Com- pany and the T. W. O. C. expired. Subsequently, the T. W. O. C. requested the Company to enter into negotiations for a new contract, alleging it represented the majority of employees. The Company refused to negotiate until documentary proof of the T. W. O. C.'s authority was exhibited either in the form of membership cards or ATLANTA WOOLEN MILLS 169 of a signed petition. The T. W. 0. C. refused to reveal the identity of its members by submitting such proof. 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing it was stipulated that production and maintenance employees of the Company, exclusive of the clerical and supervisory forces, constitute an appropriate bargaining unit. The status of em- ployees known as second hands was left open. The Company desires their inclusion and the T. W. 0. C. their exclusion. The record shows that the duties of the second hands consist in maintaining machinery, acting in the place of the overseers in their absence, and controlling groups of employees by directing them to various machines. They have the power to lay a man off temporarily when the work is caught up. They are not admitted to membership in the T. W. 0. C. Although they do not have the power to hire and discharge or to recommend such action, the second hands per- form certain minor supervisory duties. We shall exclude them from the unit. We find that the production and maintenance employees of the Company, excluding clerical and supervisory employees (including second hands), constitute a unit appropriate for purposes of collec- tive 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 and prior thereto the T. W. 0. C. claimed to rep- resent a majority of the employees in the unit found appropriate, but offered no proof of the claim. We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties stipulated at the hearing that in the event of an election the eligibility of employees to vote therein should be determined by reference to the Company's pay roll of November 170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 28, 1938. It was further agreed that employees who since that date had voluntarily resigned or had been discharged for cause should be excluded. No reason appears for departing from the agreed eligi- bility provisions. Accordingly we shall direct that all employees within the appropriate unit who were on the Company's pay roll on November 28, 1938, excluding those who have since quit or been discharged for cause, shall be eligible to vote. 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 rep- resentation of employees of Atlanta Woolen Mills, Atlanta, Georgia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company, excluding clerical and supervisory employees (including second hands), 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, 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 ordered by the Board to ascertain representatives for the purposes of collective bargain- ing with the Atlanta Woolen Mills, Atlanta, Georgia, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction of Election under the direction and super- vision 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 whose names appear on the Company's pay roll on November 28, 1938, excluding clerical and supervisory employees (including second, hands), and all employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers' Organizing Committee, affiliated with the Committee for Industrial Organization, for the purpose of collective bargaining. ATLANTA WOOLEN MILLS [SAME TITLE] SUPPLEMENTAL DECISION AND ORDER 171 March 18, 1939 On February 10, 1939, 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 elec- tion by secret ballot be conducted within 15 days from the date of the Direction among all the production and maintenance employees whose names appeared on the Company's pay roll on November 28, 1938, excluding clerical and supervisory employees (including second hands), and all employees who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Textile Workers' Organizing Committee, affiliated with the Committee for Industrial Organization, for the purposes of collective bargaining. Pursuant to the Direction, an election by secret ballot was conducted on February 24, 1939, at Atlanta, Georgia, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On February 28, 1939, 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 served upon the parties an Intermediate Report on the ballot. No objections or exceptions to the Intermediate Report have been filed by any of the parties. As to the results of the secret ballot, the Regional Director reported as follows : Total number eligible---------------------- ---------------- 304 Total number ballots cast____________________________________ 278 Total number ballots cast for Textile Workers' Organizing Com- mittee, affiliated with the C. I. 0__________________________ 94 Total number ballots cast against Textile Workers' Organizing Committee, affiliated with the C. I. 0______________________ 177 Total number challenged ballots_____________________________ 7 Total number void ballots ___________________________________ 0 Total number blank ballots__________________________________ 0 The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees. The peti- tion for investigation and certification of representatives of em- ployees of Atlanta Woolen Mills, Atlanta, Georgia, will therefore be dismissed. 172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Atlanta Woolen Mills, Atlanta, Georgia, filed by Textile Workers' Organizing Committee, be, and it hereby is, dismissed. 11 N. L. R. B., No. 23a.