Asheville Cotton Mills

In the Matter of ASHEVILLE COTTON MILLS and LOCAL UNION #2603, U. T. W. A. Case No. R-2322.-Decided March 3, 1941 Jurisdiction : textile manufacturing Industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition in the absence of a certification by the Board; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees exclusive of clerical and supervisory employees, watchmen, and firemen ; agreement as to. Harkins, Van Winkle, cC Walton, by Mr. Thomas J. Harkins, of Asheville, N. C., for the Company. Mr. Gordon L. Chastain, and Mr. John W. Pollard, of Spartan- burg, S. C., for the United. Mr. William T. Little, of counsel to'the Board. DECISION AND DIRECTION ,OF ELECTION STATEMENT OF THE CASE On January 3, 1941, Local Union #2603,'United Textile Workers of America,' herein called the United, filed with the Regional Direc- tor for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Asheville Cotton Mills, Asheville, North Carolina, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 4, 1941, 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 Regula- tions-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 February 6, 1941, the Regional Direc- 3 Designated as Local Union # 2603 , U. T. W. A., in the petition. 30 N L R. B., No. 6. 43 44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tor issued a notice of hearing, copies of which,were duly served upon the Company and the United. Pursuant to notice, a hearing was held on February 14, 1941, at Asheville, North Carolina, before Robert W. Knadler, the Trial Ex- aminer duly designated by the Board. The Company was represented by counsel, the United by its representatives, and both 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 FACT I. THE BUSINESS OF THE COMPANY Asheville Cotton Mills, a corporation with its principal office and place of business located at Asheville, North Carolina, is en- gaged in the manufacture of cotton cloth. In 1940 it purchased raw materials valued at approximately $300,000, and manufactured finished products valued at approximately $650,000. Approximately 80 per cent of the raw materials originated outside the State of North Carolina, and about 98 per cent of the finished products were shipped outside the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATION INVOLVED Local Union $2603, United Textile Workers of America, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION About January 1, 1941, the United 'requested recognition as the exclusive bargaining representative of the Company's employees. The Company refused to grant exclusive recognition to the United in the absence of a certification by the Board. A statement prepared by the Regional Director and introduced in evidence shows that the United represents a substantial number of employees in the unit found below to be appropriate.2 2 The Regional Director's report shows that 217 employees of approximately 286 em- ployees on the December 7, 1940, pay roll of the Company had signed authorization cards for the United. ASHEVILLE COTTON MILLS 45 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the United agreed at the hearing that the appropriate unit should consist of all production and maintenance employees of the Company, exclusive of clerical and supervisory employees, watchmen, and firemen. We see no reason for departing from the desires of the parties. We find that all production and maintenance employees of the Company, excluding clerical and supervisory employees, watchmen, and firemen, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bat-gaining and otherwise effectuate the policies of the Act. " , VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties agreed at the hearing that in the event the Board directed an election, eligibility to vote should be determined by the Company's pay roll of December 7, 1940. We see no reason, however, and none was offered at the hearing, for not adopting a more current eligi- bility date. We find that the employees of the Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company 's, pay roll immediately preceding the date of the Direction of Election herein, 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 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 : 46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Asheville Cotton Mills, Asheville, North Carolina, 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 of the Company, excluding clerical and supervisory employees, watchmen, and fire- men, 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 Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with Asheville Cotton Mills, Asheville, North Carolina, an elec- tion by secret ballot shall be conducted as early as- possible, but not later than thirty (30) days from the date of this Direction of Elec- tion, under the direction and supervision of the Regional 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 production and maintenance em- ployees of the Company who were employed during the pay-roll period immediately 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 supervisory and clerical employees, watchmen and' firemen, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local Union #2603, United Textile Workers of America, for the purposes of collective bargaining. [SAME TITLE ] CERTIFICATION OF REPRESENTATIVES April 7, 1941 On March 3, 1941, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 21, 1941, under the direction and super- vision of the Regional Director for -the Fifth Region (Baltimore, Maryland). On March 22, 1941, the Regional Director, acting pur- suant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows: Total on eligibility list-------------------------------------- 297 Total ballots cast------------------------------------------- 287 Total ballots challenged----------------`--------------------- 0 Total blank ballots------------------------------------------ 1 Total void ballots-------------- -------- ----------- ---------- 0 Total valid votes cast ------------- -------- --------------- --- 286 Votes cast for Local union #2603, United Textile Workers of America (A F L) --------------------------------------- 278 Votes cast against Local Union #2603, United Textile Workers of America (A F L.) ------------------------------------ 8 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (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 CERTIFIED that Local Union #2603, United Textile Workers of America; has been designated and selected by a majority of all production and maintenance employees of Asheville Cotton 47 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mills, Asheville, North Carolina, excluding clerical and supervisory employees, watchmen, and firemen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9- (a) of the National Labor Relations, Act, Local Union #2603, United Textile Workers of America, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. 30 N. L. R. B., No. 6a.