Bemis Bro. Bag Co.

In the Matter of BEMIS BRO. BAG Co. and TEXTILE WORKERS UNION OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-2244.-Decided January 16, 1941 Mr. Charles N. Feidelson, for the Board. Jones, Hocker, Gladney c6 Grand, by Mr. Frank Y. Gladney, of St. Louis, Mo., for the Company. Mr. R. H. Braszell, of Atlanta, Ga., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On October 26, 1940, Textile Workers Union of America, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the rep- resentation of employees of Bemis Bro. Bag Co., herein called the Company, engaged in the manufacture of cotton sheeting at Bemis, Tennessee, 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 November 22, 1940, 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, as amended, ordered an investigation and authorized the Regional Director to,conduct it and to provide for an appropriate hearing upon due notice. On November 27, 1940, the Regional Director issued, a notice of hearing, copies of which were duly served upon the Company, the Union, and The Affiliated Workers of Bemis. On December 6, 1940, the Company, the Union, and the Regional Director entered into a Stipulation providing for a consent election. Pursuant to the Stipulation, an election by secret ballot was con- ducted on December 13, 1940, under the direction and supervision of the Regional Director, among all production and maintenance em- 29 N. L. R. B., No. 4., 22 BEMIS BROS. BAG CO. 23 ployees at the Bemis plant of the Company, excluding clerical and supervisory employees, to determine whether or not said employees desired to be represented by the Union. On December 18, 1940, the Regional Director issued and duly served upon the parties an Elec- tion Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. In his Election Report, the Regional Director reported as follows concerning the balloting and its results : Total number eligible_______________________________________ 779 Total ballots cast__________________________________________ 745 Total number ballots cast for Textile W orkers Union of America, affiliated with the CA. 0_______________________ 320 Total number ballots cast against Textile Workers Union of America, affiliated with the C. I. 0________________________ 417 Total number challenged ballots_____________________________ 8 Total number void ballots __________________________________ 0 Total number blank ballots_________________________________ 0 The results of the election show that no representative has been selected by a majority of the employees in the appropriate unit. The petition of Textile Workers Union of America, affiliated with the C.' I. 0., for investigation and certification of representatives of employees of Bemis Bro. Bag Co., Bemis, Tennessee, will therefore be dismissed. Upon the basis of the Stipulation, the Election Report, and the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. A question affecting commerce has arisen concerning the repre-' sentation of employees of Bemis Bro. Bag Co., Bemis, Tennessee,, within, the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the Bemis plant of the Company, excluding clerical and supervisory employees, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Na- tional 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 Bemis Bro. Bag Co., Bemis, Tennessee, filed by Textile Workers Union of America, affili- ated with the C. I. O., be, and it hereby is, dismissed.