The Mary Leila Cotton Mills, Inc.

In the Matter of THE MARY LEILA COTTON MILLS, INC., and TEXTILE: WORKERS UNION OF AMERICA Case No. R-2358.-Decided March 11, 1941 Jurisdiction : cotton cloth manufacturing industry. Investigation and Certification of Representatives : existence ofrquestion : parties. stipulated that the Company refused` to accord the Union recognition unless. it was certified by the Board; pay roll agreed to by parties-directed to be used ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including watchmen, but excluding clerical and supervisory employ- ees ; stipulation as to. Mr. R. H. Rrazzell, of Atlanta, Ga., for the Union. Weekes di Candler, of Decatur, Ga., by Mr. John Wesley TVeeke& and Mr. Murphey Candler, Jr., for the Company. Mr. Louis S. Penfield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 10, 1941, Textile Workers Union of America, herein called the Union, filed with the Regional Director for -the Tenth Region (Atlanta, Georgia) a petition alleging that a question affect- ing commerce,, had -arisen-concerning the .representation,of^,.employ-ees of The Mary Leila Cotton Mills, Inc.,1 Greensboro, Georgia, herein called the Company, and requesting an investigation and certifica- tion of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Feb- ruary 19, 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 Regu- lations-Series 2, as amended, ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 20, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 1Incorrectly designated in some of the formal papers as "Mary Leila Cotton Mill." 30 N. L. R. B., No. 32. 238' THE MARY LEILA COTTON MILLS, INC. 239 the Union. Pursuant to notice a hearing was held February 28, 1941, at Greensboro, Georgia, before John C. McBee, the Trial Ex- aminer duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was affored a'll'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 The Mary Leila Cotton Mills, Inc., a Georgia corporation, engaged in the manufacture, sale, and distribution of cotton cloth, operates <a mill in the City of Greensboro, Georgia.- In the course -of its busi- ness in-.ethe- year 19404his mill used 'approximately 8,457,bales of cotton valued at approximately $455,476.94. Ninety-five per cent of this cotton was produced and shipped to the mill from points within the State of Georgia. During the same year the plant produced approximately 3,955,673 pounds of cloth valued at approximately $939,427.29, of which 97 per cent by value was sold and shipped to customers in States other than the State of Georgia. For the pur- poses of this proceeding the Company admits that it is engaged in interstate commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations. It admits to mem- bership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At the hearing the Company and the Union stipulated that on February 8, 1941, the Union requested the Company to recognize it as the exclusive bargaining representative of its employees and that the Company refused-to recognize the Union as such representative unless it was certified by the Board as the representative of a major- ity of the employees in an appropriate collective bargaining unit. 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of the Regional Director introduced into, evidence shows that the Union represents a substantial number of employees in the collective bargaining unit hereinafter found to be appropriate.a We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen 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 Company and the Union stipulated that the appropriate unit should consist of all production and maintenance employees, including watchmen, but excluding clerical and super- visory employees.3 We see no reason for departing from such a unit. We find that all production and maintenance employees of the Company at its Greensboro, Georgia, mill,' including watchmen, but excluding clerical and supervisory employees, constitute a unit ap- propriate for the 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. W. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees in the unit which we have found to be appro- priate can best be resolved by an election by secret ballot. The Company and the Union stipulated that in the event the Board ordered an election the pay roll for the two weeks ending February 8, 1941, would be an appropriate pay roll to use in deter- mining the eligibility of employees voting in such election. Accord- 2 The. Regional Dnector stated that 267 authorization cards were submitted to him, all dated between February 1 and 13, 1941 , all appearing to bear genuine original signatures, and 259 thereof bearing the names of persons on the Company's pay roll of February 8, 1941. There are approximately 312 employees in the unit hereinafter found to be appro priate. It was stated at the beaming that all parties agreed that supervisory employees would include second hands, overseers , superintendents , and assistant superintendents, but that all employees below the classification of second hand are to be considered production and maintenance employees THE MARY LEILA, COTTON, MILLS, INC. 241 ingly, we find that those eligible to vote in the election shall be the employees in the appropriate unit whose names appear on the Com- pany's pay 'roll for the two" weeks ending February 8, 1941, with the inclusions and exclusions set forth in our Direction hereinafter. 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 The Mary Leila Cotton Mills, Inc., Greens- boro, Georgia, 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 at its Greensboro, Georgia, mill, including watchmen, but excluding clerical and supervisory employees, 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 Rela- tions 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 the representatives for the purposes of collective bar- gaining with The Mary Leila Cotton Mills, Inc., Greensboro, Georgia, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) ' days from the date of this Direction, under the direction and supervision of the Regional Director for the Tenth 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 employees of the Company at its Greensboro, Georgia, mill, whose names appear on the Company's pay roll for the two weeks ending February 8, 1911, including watchmen and employees who did not work during such pay-roll period because they were ill or on vacation or absent because called for military service, and employees who were then or have since been temporarily laid off, but excluding clerical and supervisory employees 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. 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE] CERTIFICATION OF REPRESENTATIVES March 31, 1941 On March 11, 1941, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ing. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 19, 1941, under the direction and su- pervision of the Regional Director for the Tenth Region (Atlanta, Georgia). On March 21, 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 an Election Re- port, copies of which were duly served upon the parties. No ob- jections to the, conduct of the ballot or to the Election Report were filed by any of the parties. As to the balloting and the results thereof; the Regional Director reported as follows : Total number eligible ---------------------------------------- 310 Total ballots cast-----------------'------------------------ 268 Total number ballots cast for Textile Workers Union of America--------------------------------------------- ---- 264 Total number ballots cast against Textile Workers Union of America --------------------------------------------------- 3 Total number challenged ballots---------------------------- 0' Total number of void ballots------------------------------- 1 Total number of blank ballots----------------------------- 0 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, 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 Textile Workers Union of America has been designated and selected by a majority of all production and maintenance employees of The Mary Leila Cotton Mills, Inc., at its Greensboro, Georgia, mill, including watchmen, but excluding clerical and supervisory employees as their representative for the purposes of collective bargaining and that, pursuant to the provision of Section 9 (a) of the, National Labor Relations Act, Textile Workers Union 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 32a.