Alabama Mills, Inc.

In the Matter of ALABAMA MILLS, INC. and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. B-1394.-Decided August 5, 1939 Textile Manufacturing Industry-Investigation of Representatives : contro- versy concerning representation of employees: refusal of company to recognize union as exclusive bargaining agent because of doubt of majority status-Unit Appropriate for Collective Bargaining: production and maintenance employees excluding executive, supervisory, and clerical employees, watchmen, and drink- stand operators ; part-time maintenance employee regularly and substantially em- ployed included ; employee who devotes small part of his time to truck driving included-Election Ordered Mr. Marion A. Prowell, for the Board. Martin, Turner do McWhorter by Mr. H. A. McWhorter, of Bir- mingham, Ala., for the Company. Mr. H. G. B. King, of Chattanooga, Tenn., for the Union. Mr. William T. Little, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 20, 1939, Textile Workers Organizing Committee, herein called the Union, 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 employees of the Russellville plant of Alabama Mills, Inc., herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On May 5, 1939, 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 on due notice. On May 23, 1939, the Regional Director issued a notice of hearing, copies of which were duly served on the Company and the Union. 14 N. L. R. B., No. 19. 257 258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the notice, a hearing was held at Russellville, Alabama, on June 5, 1939, before William P. Webb, the Trial Examiner duly designated by the Board. The Board, the Company, and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and 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 FAIT 1. THE BUSINESS OF THE COMPANY. Alabama Mills, Inc., a Delaware corporation authorized to do business in Alabama, is engaged in the manufacture and sale of cotton products. In addition to the Russellville plant, with which the proceeding is concerned, the Company operates cotton mills at Haleyville, Winnfield, Jasper, Fayette, Aliceville, Clanton, We- tumpka, Dadeville, and Greenville, Alabama. The principal raw material used in the Russellville plant is cotton. During 1938, 27.45 per cent of this raw material, the total value of which was $218,274.98, was purchased by the Company outside the State of Alabama. Dur- ing the same year 99.58 per cent of the finished product, valued at $464,450.70 was shipped to points outside the State of Alabama. H. THE ORGANIZATION INVOLVED The Textile Workers Organizing Committee, originally a com- mittee of the United Textile Workers of America, was dissolved in May 1939, when' the name of the United Textile Workers of America was changed to Textile Workers Union of America.' The Union is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership all maintenance and production employees of the Russellville plant of the Company exclusive of supervisory and clerical employees, watchmen, and drink-stand operators. 'As used herein , "Union" refers to the Textile Workers Organizing Committee at all times prior to the change in name , and Textile workers Union of America at all times thereafter. ALABAMA MILLS, TI- CORPORATED III. THE QUESTION CONCERNING REPRESENTATION 259 At a conference with the Company held March 9, 1939, at Birming- ham. Alabama, the Union, claiming to represent the majority of the employees within an appropriate unit, requested the Company to recognize it as the bargaining agent of the employees at the Russell- ville plant. The Company refused to grant such recognition, claim- ing that the Union did not represent a majority of the employees. within the unit. 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, the Union contended that the appropriate unit should include all production and maintenance employees of the Russellville plant exclusive of executive, supervisory, and clerical employees, watchmen, and chink-stand operators. The Company introduced no evidence to controvert the propriety of the unit. The Union contends that the following four employees should be excluded from the Unit : B. B. SwInca, although carried on the company pay roll as a head fixer, performs the functions of a second hand or assistant overseer in the carding and spinning departments. He gives orders to about 40 men working under him. D. Richards was working as an ordi- nary employee at the time of the hearing. For 3 years prior to the temporary decline in operations in April 1939, however, he had super- vised the third shift in the carding room in the capacity of second hand or assistant foreman. It is reasonable to assume that he will reoccupy his supervisory position when production operations in- crease. We shall exclude both Swinea and Richards from the appro- priate unit as- supervisory employees.2 0 2 Matter of Beaver Mills-Lois Mill and Local No. 1571, United Textile Workers of America,. 1'N. L. R. B. 147; Matter of Dwight Mfg. Co. and Local No. 1S75, United Textile Workers of America, 1 N. L. R. B. 309 ; Matter of Lane Coltbn'Mills Company and Textile Workers Organ4zing Committee, 3 N. L. R. B. 369. 260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Union claims that Albert Bowen is a truck driver, and as such .ineligible for membership in the Union. However, Bowen only devotes 15 per cent of his time to such employment and 85 per cent to other duties, chiefly weighing and sampling cotton, and stenciling and loading cloth. In view of the fact that such a small part of his time is devoted to truck driving, we shall include him in the appro- priate unit. Roy Kimbrougla is employed as a carpenter. He is a part-time maintenance employee regularly and substantially employed, and as such we shall include him in the bargaining unit.e 'We find that all the production and maintenance employees of the Russellville plant of the Company exclusive of executive, supervisory, :and clerical employees, watchmen, and drink-stand operators, con- stitute a unit appropriate for the purpose of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right of self-organization and to collective bargain- ing and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing, the Union offered evidence in support of its claim that the majority of the employees in the appropriate unit had desig- nated it as their bargaining agency. It requests certification upon the proof offered. In accordance with the policy announced in the Cudahy and Armour cases, however, we will direct that an election by secret ballot be held.4 The Union requests that in the event the Board should order an election, the combined pay roll for the weeks ending March 4, 11, 18, 25, and April 1, 1939, should be used as a basis for eligibility to participate therein. We see no reason, however, for not determining eligibility as of the pay -roll date immediately preceding the date of the Direction of Election . We find that those eligible to' vote in the election shall be the employees in the appropriate unit during the last pay-roll period next preceding the date of this Direction , including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off , but excluding those who have since quit or been discharged for cause. On the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : 8 Matter 0 Daily Mirror, Ino. and The Newspaper Guild of New York, 5 N. L. R. B. 362. 4 Matter of Armour Co. and United Packinghouse Workers Local Industrial Union No. 130, Packinghouse Workers Organizing Committee, affiliated. with the C. I. 0., 13 N. L. R. B. 567; Matter of The Cudahy Packing Co. and United Packinghouse Workers of America, Local No . 21, affiliated with the C. I. 0., 13 N. L. R. B. 526. ALABAMA MILLS, INCORPORATED 261 CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Alabama Mills, Inc., Russellville, Alabama, within the meaning of Section 9 (c) and Section 2 (6T and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Russellville plant of the Company, exclusive of executive, supervisory, and cler- ical employees, watchmen, and drink-stand operators, 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 2, 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 Alabama Mills, Inc., 'at the Russellville plant, Rus- sellville, 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 the production and maintenance employees of said Company at the Russellville plant who were employed during the pay-roll period next preceding the date of this Decision and Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, but excluding, executive, supervisory, and clerical employees, watchmen, and drink-stand operators and excluding also those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Union of America, affili- ated with the Congress of Industrial Organizations. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION August 18, 1939 On August 5, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the 262 DLCISIONS OF NATIONAL LABOR RELATIONS BOARD above-entitled proceeding, the election to be held within fifteen (15) days from the date of the Direction, under the direction and super- vision of the Regional Director for the Tenth Region (Atlanta, Georgia). The Board having been advised that a longer period is necessary, hereby amends the Direction of Election by striking therefrom the words "within fifteen (15) days from the date of this Direction" and substituting therefor the words "within twenty (20) days from 'the date of this Direction." 14 N. L. R. B., No. 19a.