J. C. Sanders Cotton Mill Co., Inc.

In the Matter of J. C. SANDERS COTTON MILL COMPANY, INC. and TEXTILE WORKERS UNION OF AMERICA, AFFILIATED WITH C. I. O. Case No. R-2412.-Decided April 24, 1941 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question: con- - flicting claims of rival representatives ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid maintenance and production employees, and piece workers, including second hands and yard boys, but excluding office and clerical help and overseers. Mr. J. C. Sanders, of Mobile, Ala., for the Company. Mr. H. S. Williams, of Huntsville, Ala., and Mr. John Witson, of Prichard, Ala., for the C. I. O. Mr. Walter F. Schaeffer, of Mobile, Ala., Mr. W. W."Thornton, of Prichard, Ala., and Mr. Albert W. Cox, of Washington, D. C., for the A. F. of L. Mary M. Persinger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 10, 1941, Textile Workers Union of America, affili- ated with C. I. 0., herein called the ' C. I. 0., filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of J. C. Sanders Cotton Mill Company, Inc., Prichard, Alabama, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 149, herein called the Act. On, March 5, 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 Rela- tions 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 March 7, 1941, the Regional Director issued a notice of hear- ing and on March 10, 1941, a notice of postponement of hearing, 31 N L. R B, No. 45. 298 - J. C. SANDERS COTTON MILL COMPANY, INC. 299 copies of which were duly served upon the Company, the C. I. 0., and United Textile Workers of America, Local 2595, affiliated with the American Federation of Labor, herein called the A. F. of L., • a labor,organizatibn claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on March 21, 1941, at Mobile, Alabama, before C. Paul Barker, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany, the C. I. 0., and the A. F. of L. were represented by their respective representatives;, all participated in the hearings. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner rejected cer- tain exhibits' offered by the A. F. of L containing certain corre- spondence between the parties and the Board's Regional office concerning a then existing closed-shop contract between the Company and the A. F. of L. The Trial Examiner's ruling was error and is hereby overruled. - The exhibits are hereby admitted into evidence and made a part of the record herein. The Trial Examiner also made other rulings on motions and objections to the admission of evidence. The Board has reviewed these rulings acid finds that no prejudicial errors were committed. The rulings are hereby affirmed. On April 15, 1941, pursuant to notice to all parties, a hearing was held before the Board at Washington, D. C., for the purpose of oral argument. The A. F. of L. appeared and presented oral argument. Upon the' entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY J. C. Sanders Cotton Mill Company , Inc., is an Alabama corpora- tion' which owns and operates a mill at Prichard , Alabama, where it is engaged in the manufacture and sale of grey goods , sheeting, and bag cloth. The chief raw materials used at this mill are cotton and sizing, all such materials being purchased within the State of Alabama. The Company also imports from the Dutch West Indies $500 worth of starch per month . Ninety-nine per cent of the Com- pany's finished products , of an annual value in excess of $500,000, are shipped by it to places outside the State of Alabama. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America is a.labor organization affili- ated with the Congress of Industrial Organizations. Local 386 1 Designated at the hearing as Rejected Exhibits Nos. 1-7. 300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thereof, which appeared at the hearing, admits to membership em- ployees of the Company. United Textile Workers of America, Local 2595, affiliated with 1 he American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 16, 1940, the Company entered into a closed-shop contract with the A. F. of L. for a term of 1 year and from year to year thereafter unless cancelled by either party upon 30 days' written notice. On January 16, 1941, this agreement was extended in writ- ing for a period not to exceed 60 days, during which time a new agreement was to be negotiated. On February 10, 1941, the C. I. O. filed its petition herein and sent notice of its action to the Com- pany. On February 12, 1941, the Regional Director notified the Company and the A. F. of L. of the filing of the C. I. O.'s petition. On the same day the Company posted in the mill a bulletin to the effect that thenceforth no employee would be discharged or laid off for refusing to join or to pay dues to any labor union "until such time as the position of the Company is changed by new contracts." On February 21, 1941, the A. F. of L. demanded that the Company discharge six named persons because they were suspended from or had not paid dues to the A. F. of L. The Company refused, stating that it would wait for the Board to dispose of the matter. 'It also declined all later requests for negotiation with the A. F. of L. A statement made by the Trial Examiner at the hearing discloses that,the C. I. O. represents a substantial number of the Company's employees. 72 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 aliove, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead lo labor disputes burdening and obstructing commerce and the free flow of commerce. 2 The Trial Examiner stated that signed authorization cards had been submitted to him for examination by the C. I. 0., 186 of which bore apparently genuine signatures of em- ployees whose names appeared on the Company 's pay roll for February 14, 1941. The president of the A. F. of L. testified at the hearing that the A . F. of L. represents 226 paid-up members . The petition alleges that there are approximately 280 employees in the appropriate unit. J. C. SANDERS COTTON MILL COMPANY, INC. 301 V. THE APPROPRIATE UNIT Except as indicated below, the parties agree that the appropriate 'Unit for-the purposes of collective bargaining consists of all hourly paid maintenance and production employees, and piece workers, ex- clusive of office and clerical help and overseers. The A. F. of L. desires to include second hands in the unit, while the C. I. 0. wants them excluded. The Company made no conten- tions as to second hands. The second hands are supervisory em- ployees who work under the overseers. While the second hands have considerable authority, particularly when overseers are off duty, they were covered by the A. F. of L. contract with the Com- -pany. We shall include them in the unit.' There are two so-called "yard boys" at the mill, one of them being engaged in cutting the grass and cleaning the yard and the other in hauling cotton and driving a truck. They also appear to have been covered by the A. F. of L. contract. None of the parties has specifi- cally requested their inclusion. We shall also include the yard boys 2n the appropriate unit. We find that all hourly paid maintenance and production em- ployees, and piece workers, including second hands and yard boys, but excluding office and clerical help and overseers, 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 bargaining and otherwise, effectuate the policies of the Act. 11 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. At the % hearing both unions assented to the use of a current pay roll in deter- mining eligibility to vote. We shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, subject to such limitations and additions as are set forth in said Direction, shall be eligible to vote. 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 J. C. Sanders Cotton Mill Company, Inc., "See Matter of Certain-Teed Products Corporation and Internat0nai Longshoremen's Warehousemen's Union, Local 1-6, 28 N. L R. •A. 915. 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Prichard, Alabama, within the meaning of Section 9 (c) and Sec-, tion 2 (6) and (7) of'the Act. 2. All hourly paid maintenance and production employees, and piece workers, including second hands and yard boys, but excluding office and clerical help and overseers, 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Ptelations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board I o ascertain representatives for the purposes of collective bargaining with J. C. Sanders Cotton Mill -Company, Inc., Prichard, Alabama, _ 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 Fifteenth 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 paid maintenance and pro- duction employees, and piece workers, of J. C. Sanders Cotton Mill Company, Inc., who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, in- cluding second hands, yard boys, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding office and clerical help, over- seers, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by Textile Workers Union of America, Local 386, affiliated with the C. I. 0., or by United 't'extile Workers of America, Local 2595, affiliated with the A. F. of L., for the purposes of collective bargaining, or by neither.