Aponaug Manufacturing Co.

National Labor Relations Board - Board DecisionsSep 10, 1940

27 N.L.R.B. 176 (N.L.R.B. 1940)

In the Matter of APONAUG MANUFACTURING COMPANY and FEDERAL LABOR UNION No. 20850, AFFILIATED WITH A. F. L. Case No. R-3019.-Decided September 10, 1940 .Jurisdiction : textile manufacturing industry Investigation and Certification of Representatives : existence of gluestion: re- fusal to accord recognition to union, election necessary. Unit Appropriate for Collective Bargaining : production employees, excluding supervisory and clerical employees: no controversy as to. Mr. David F. Craavley, of Kosciusko, Miss., for the Company. Mr. Robert W. Donnahoo, of Meridian Miss., for the Union. Mr. Louis Cokin; of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 3, 1940, Federal Labor Union No. 20850, herein called the Union, filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a petition alleging that a question affecting -commerce had arisen concerning the representation of employees of Aponaug Manufacturing Company, Kosciusko, Mississippi, 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 August 12, 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 August 14, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a heaiing Was held on August 23, 1940, at Kosciusko,-Mississiplu, before Samuel Lang, the Trial Examiner 27NLRB.,No40 176 APONAUG MANUFACTURING COMPANY 177 duly designated by the Board.' The Company and the Union were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and 'cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the opening of the hearing, counsel for the Company objected to the holding of the hearing at Kosciusko. The objection was over- ruled.2 At the close of the hearing, counsel for the Company filed a motion to dismiss the petition for insufficient evidence. The motion was denied. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the ad- mission of evidence. The Board has reviewed all 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 Company is a Mississippi corporation operating a plant near Kosciusko, Mississippi, where it is engaged iii the business of manu- facturing cotton goods and textiles. During 1939 the Company manu- factured products valued in excess of $100,000, 50 per cent of which were shipped by it to points outside the State of Mississippi. The Company employs approximately 375 employees. II. THE ORGANIZATION INVOLVED Federal Labor Union No. 20850 is a labor organization affiliated with the American Federation of Labor, admitting to membership all production employees at the Kosciusko plant of the, Company, excluding supervisory and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION In July 1940 the Union requested the Company to bargain with it as the exclusive representative of its employees at the Kosciusko plant. This request was denied. A representative of the Union testified that it represented approximately 200 of the 300 employees in the plant. IThe hearing was originally scheduled to be held at Jackson, Mississippi, but AA as trans- ferred to Kosciusko, Mississippi, by notice served upon all the parties. 2 Counsel contended that the hearing should be held at Jackson, Mississippi. because the principal office and records of the Company wweie in Jackson It does not appeal in the record that the Company was prejudiced in any way by the holding of the heaiing at Kosciusko 323428-42-vol 27 13 178 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Union urges that all production employees m the Kosciusko plant of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing. The Company did not state any position with reference to the appropriate unit. We find that all production employees in the Kosciusko plant of the Company, excluding supervisory and clerical employees, consti- tute a unit appropriate 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-orgitnization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an elec- tion by secret ballot. We will direct that the employees eligible to vote shall be those employees who were employed during the pay-roll period immediately preceding the date of the Direction herein, in- cluding employees who did not work during such pay-roll period be- cause they were ill or on vacation and employees who were then or have since been temporarily 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 of the case, the Board makes the following: I CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the Kosciusko plant of Aponaug Manufac- APONAUG MANUFACTURING COMPANY 179 turing Company , within the meaning of Section 9 ( c) and Section 2 ( 6) and (7) of the National Labor Relations Act. 2. All production employees at the Company 's Kosciusko plant, excluding supervisory and clerical employees , constitute a unit appro- priate 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 Relations Act, 49 Stat . 449, 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 bargaining with Aponaug Manufacturing Company, Kosciusko , Mississippi, 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 Regula- tions, among all production employees of the Company at its Kosciusko plant 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 and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Federal Labor Union No. 20850, affiliated with the American Federation of Labor, for the purposes of collective bargaining. [SAME TITLE] SUPPLEMENTAL DECISION AND ORDER October 14., 1940 On September 10, 1940, the National Labor-Relations Board, herein called the ' Board, issued'a Decision and Direction of Election in the above-entitled proceeding . The Direction of Election provided that 180 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD an election by secret ballot should be conducted within thirty (30) days from the date thereof among all production employees in the Kosciusko plant of Aponaug Manufacturing Company, who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election, including employees who did not work dur- ing such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, but ex- cluding supervisors and clerical employees and employees who have since quit or been discharged for cause, to determine whether or not they desired to be represented by Federal Labor Union No. 20850, affiliated with the American Federation of Labor, for the purposes of collective bargaining Pursuant to the Direction of Election, an election by secret ballot was held on September 25, 1940, under the direction and supervision of the Regional Director for the Fifteenth Region. On September 27, 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- 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. No objection to the conduct of the ballot or to the Elec- tion 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-------------------------------------- 367 Total ballots cast------------------------------------------- 358 Total ballots challenged------------------------------------- 16 a Challenged ballots determined eligible------------- 0 b. Challenged ballots determined not eligible---------- 0 Total blank ballots----------------------------------------- 0 Total void ballots ------------------------------------------ 0 Total valid votes cast--------------------------------------- 342 Votes case for Federal Labor Union No 20850, affiliated with A. F. L-------------------------------------------------- 99 Votes cast against Federal Labor Union No. 20850, affiliated with A. F. L--------------------------------------------------- 243 Since the challenged ballots, if counted, could not affect the result of the election, we find it unnecessary to- pass upon the challenge. The results of the election show that no collective bargaining representa- tive has been selected by a majority of the employees in the appro- priate unit. The petition of Federal Labor Union No. 20850, af- filiated with the American Federation of Labor, for investigation and certification of representatives of employees of Aponaug Manufactur- Company, Kosciusko, Mississippi, will be dismissed. APONAUG MANUFACTURING COMPANY 181 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Aponaug Manufacturing Com- pany, Kosciusko, Mississippi, ,filed by Federal Labor Union No. 20850, affiliated with the American Federation of Labor, be, and it hereby is, dismissed. 27 N. L. R. B, No. 40a.