Tabardrey Manufacturing Co.

In the Matter of TABARDREY MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA Case No. R-1554.-Decided [November 1, 1939 Textile Manufacturing Industry-Investigation of Representatives : controversy concerning representation of employees : stipulation : refusal to recognize peti- tioner until certification ;-Unit Appropriate for Collective Bargaining : stipu- lation : all hourly and piece-rate production and maintenance employees, ex- cluding supervisory , clerical, watchmen-Election Ordered Mr. Herbert O. Eby, for the Board. Long, Long d Barrett, by Mr. J. Dolph Long and Mr. George A. Long, of Graham, N. C., and Mr. Sidney S. Paine, of Haw River, N. C., for the Company. Mr. Henry I. Adams, of Charlotte, N. C., for the Union. Mr. Stanley D. Metzger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 24, 1939, Textile Workers Organizing Committee, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland), a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Tabardrey Manufacturing Company, Haw River, North Carolina, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 4, 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 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 'The petition was signed by Textile Workers Organizing Committee . At the hearing, however, this was changed , without objection , to Textile Workers Union of America. 17 N. L. R. B., No. 2. 6 TABARDREY MANUFACTURING COMPANY 7 On August. 17, August 26, and September 8,. 1939, the Regional Director issued a notice of hearing and notices of postponement, re- spectively, copies of which were duly served upon the Company and upon the Union. Pursuant to notice, a hearing was held on October 12, 1939, at Burlington, North Carolina, before Berdon M. Bell, the Trial Examiner duly designated by the Board. The Board and the Union were represented by counsel; the Company was represented by counsel and by its president. All 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 regarding the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and they are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Tabardrey Manufacturing Company is a North Carolina corpora- tion having its principal place of business at Haw River, North Caro- lina. It is engaged in the manufacture of cotton grey goods, namely, corduroy, moleskins, and suedes. The chief raw material used by the Company is cotton. During the period from January 1 to September 30, 1939, 14.8 per cent of the cotton used by the Company was purchased by and shipped to it from points outside the State of North Carolina. The Company produces annually approximately 51/2 or 6 million yards of goods of an approximate value of $1,025,000. Approximately 99 per cent of the Company's products are sold to the Proximity Manufacturing Company, Greensboro, North Caro- lina. At least 60 per cent of these are, after processing by the Prox- imity Manufacturing Company, sold and transported into States other than the State of North Carolina. Three officers and directors of Proximity Manufacturing Company are also officers and directors of the Company. The Company employs approximately 325 persons. II. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to mem- bership all hourly and piece-rate production and maintenance em- ployees of the Company, excluding clerical and supervisory employees and watchmen. 247384-40-vol. 17-2 8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION At the hearing the parties stipulated that on May 4, 1939, at a conference between the Company and the Union, the Company, be- cause of its lack of knowledge as to whether the Union represented a majority of its employees, refused to recognize the Union as the sole bargaining agency for its employees. 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 parties stipulated that all hourly and piece- rate production and maintenance employees of the Company, ex- clusive of supervisory and clerical employees and watchmen, con- stitute an appropriate bargaining unit. We see no reason to alter the agreed unit. We find that all hourly and piece-rate production and maintenance employees of the Company, exclusive of supervisory and clerical em- ployees and watchmen, constitute a unit appropriate for purposes of collective 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 the Union requested an election to determine the question concerning representation. We find that the question which has arisen concerning the representation of employees of the Com- pany can best be resolved by. an election by secret ballot. The Company and the Union agreed at the hearing that, in the event that the Board should direct an election, the eligibility of em- ployees to participate therein should be determined by the Company's pay roll for the week ending September 30, 1939. We shall direct that those eligible to vote in the election shall be the employees in the appropriate unit whose names appear upon the Company's pay roll for the week ending September 30, 1939, including employees who TABARDREY MANUFACTURING COMPANY 9 did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been tem- porarily laid off, but excluding those who have since quit or been discharged for cause. 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 repre- sentation of employees) of Tabardrey Manufacturing Company, Haw River, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All hourly. and piece-rate production and maintenance employees of the Company, exclusive of supervisory and clerical employees and watchmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the 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 Re- lations 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 bargaining with Tabardrey Manufacturing Company, Haw River, North Caro- lina, an election by secret ballot shall be conducted as early as pos- sible but not later than thirty (30) days from the date of this Di- rection of Election, under the direction and supervision of the Re- gional Director for the Fifth 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 hourly and piece- rate. production and maintenance employees of Tabardrey Manu- facturing Company, Haw River, North Carolina, whose names ap- pear upon the Company's pay roll for the week ending September 30, 1939, 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 clerical and supervisory employees, watchmen, and employees 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 for the purposes of collective. bargaining.