Borden Mills, Inc.

In the Matter of BORDEN MILLS, INC. anal TExTrix WORKERS UNION OF AMERICA Case No. R-769 SUPPLEMENTAL DECISION AND ORDER June 3, 1940 On July 1, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Direction of Election'- and on April 17, 1940, a Supplemental Decision and Amended Direc- tion of Election,2 in the above-entitled proceeding. The Amended Direction provided that an election by secret ballot should be con- ducted. within thirty (30) days from the date thereof among all the production and maintenance employees of Borden Mills, Inc., Kingsport, Tennessee, employed by that company during the pay- roll period immediately preceding the date of the Amended Direc- tion, excluding clerical and supervisory employees, overseers, second hands, section men, loom fixers, fixers, and employees who had quit or been discharged for cause, but including employees not working during such pay-roll period because they were ill or on vacation and including William Heath and George Absher, to determine whether or not they desired to be represented by Textile Workers Union of America, affiliate of the Congress of Industrial Organi- zations, for the purposes of collective bargaining. Pursuant to the Amended Direction, an election by secret ballot was held on May 7, 1940, under the direction and supervision of the Regional Director for the Tenth Region. On May 11, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his Report the Regional Director certified that the balloting was fairly and impartially con- 1 13 N. L. R. B. 459. The caption of the case has been changed for the reasons set forth in our Supplemental Decision and Amended Direction of Election , Issued April 17, 1940. See 22 N. L. R. B. 1014. Y 22 N. L. R. B. 1014. 24 N. L. R. B., No. 20. 304 BORDEN MILLS, INC. 305 ducted, that the ballots cast were duly and fairly counted under his supervision, and that statements to such effect had been filed with him by the tellers. As to the balloting and its results, the Regional Director reported as follows : 1. Total number eligible---------------------------------- 1,016 2. Total -ballots cast-------------------------------------- 835 3. Total number ballots cast for Textile Workers Union of America--------------------------------------------- 389 4. Total number ballots cast against Textile Workers Union of America------------------------------------------ 433 5. Total number of challenged ballots------------------- 10 6. Total number of void ballots--------------------------- 3 7. Total number of blank ballots--------------------------- 0 No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. Since the challenged ballots, if counted, could not affect the result of the election, we find it unnecessary to pass upon the challenges . The petition of Textile Workers Union of America, affiliate of the Congress of Indus- trial Organizations , for investigation and certification of representa- tives of employees of Borden Mills, Inc., will be dismissed. ORDER By virtue of Section 9 i(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 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and certi- fication of representatives of employees of Borden Mills, Inc., Kings- port, Tennessee, filed by Textile Workers Union of America, affiliate of the Congress of Industrial Organizations, be, and it hereby is, dismissed. MR. WIr,LIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Order.