Gate City Cotton Mills

In the Matter of GATE CITY COTTON MILLS and LOCAL No. 1938, UNITED TEXTILE WORKERS OF AMERICA Case No. R-17 ORDER October 00, 1939 On October 12, 1935, Local No. 1938, United Textile Workers of America, herein called Local No. 1938, filed with the Regional Direc- tor for the Tenth Region (Atlanta, Georgia ) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Gate City Cotton ' Mills, East Point, Georgia, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449. On October 16 , 1935, the National Labor Relations Board, herein called the Board, ordered an investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing on due notice . Pursuant to notice duly served a hearing was held on November 4, 5, and 6, 1935, before a Trial Examiner duly designated by the Board. On December 7, 1935, the Board issued a Decision and a Direction of Election 1 directing that an election by secret ballot be held within one week from the date thereof among certain employees of Gate City Cotton Mills to de- termine whether or not they desired to be represented by Local No. 1.938. On April 26, 1937, after the termination of certain litigation concerning this proceeding, pending which no action had been taken pursuant to the Direction of Election, Textile Workers' Organizing Committee, on behalf of Local No. 1938, requested the Board to defer action in the case indefinitely . On September 22, 1939, Textile Workers Union of America , which claims to be the successor of the international union with which Local No. 1938 was affiliated, filed with the Regional Director a request for the withdrawal of the said petition without prejudice. No other organization has asked the Board to continue its investigation of representatives . Under the circumstances, and in view of the time which has elapsed since the issuance of the Direction of Election, the Board sees no reason why 11 N. L. R. B. 57. 16 N. L. R. B., No. 24. 203 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the request of Textile Workers' Union of America should not be granted. By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2. IT IS HEREBY ORDERED that leave be, and it hereby is, granted for the withdrawal of the petition for investigation and certification of representatives of employees of Gate City Cotton Mills, East Point, Georgia, filed by Local No. 1938, United Textile Workers of America, on October 12, 1935, and the said petition is hereby deemed to have been withdrawn, without prejudice; AND IT IS FURTHER ORDERED that the said order of October 16, 1935, the hearing held on November 4, 5, and 6, 1935, the Decision and the Direction of Election issued on December 7, 1935, and all other proceedings before the Board taken pursuant to' the said petition, be, and they hereby are, vacated and set aside, and that this case be, and it hereby is, closed. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Order.