Augusta Bag and Burlap Co.

National Labor Relations Board - Board Decisions

Dec 19, 1945

64 N.L.R.B. 1470 (N.L.R.B. 1945)

In the Matter of AUGUSTA BAG AND BURLAP COMPANY and UNITED
STONE AND ALLIED PRODUCTS WORKERS OF AMERICA, C. I. O.
Case No. 10-R-1550.-Decided December 19, 1945
Messrs. Joseph B. Cummings and J. H. Ilderton, of Augusta, Ga.,
for the Company.
Mr. Ben L. Widenhouse, of Augusta, Ga., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Stone 'and Allied Products
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Augusta Bag and Burlap Company, Augusta, Geor-
gia, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Albert D.
Maynard, Trial Examiner. The hearing was held at Augusta, Geor-
gia, on August 28, 1945. The Company and the Union appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
J. H. Ilderton, a sole proprietorship, engaged in business at Au-
gusta, Georgia, under the name of Augusta Bag and Burlap Company,
manufactures, sells, and distributes bags made of cotton and burlap.
The principal raw materials used during the 1943-1944 fiscal year
consisted of burlap, cotton cloth and other supplies valued at approxi-
mately $515,000, of which approximately 85 percent came from out-
64 N. L. R. B., No. 240.
1470
AUGUSTA BAG AND BURLAP COMPANY 1471
side the State of Georgia. During the same period, the Company
sold finished products, valued at appropximately $645,000, of which
more than 50 percent was shipped to points outside the State of
Georgia.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Stone and Allied Products Workers of America is a labor
organization, affiliated with the Congress of Industrial Organizations,
which seeks to represent employees of the Company in collective
bargaining.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated July 8, 1945, the Union informed the Company, that
it represented a majority of the Company's employees and requested
a conference for purposes of negotiating a collective bargaining agree-
ment. The Company made no reply.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
At the hearing and in its brief, the Company questioned the com-
petence of the Union to represent the employees covered by the peti-
tion, because of constitutional limitations on its trade jurisdiction
and qualifications for membership. The Company further objected
to the Trial Examiner's refusal to permit it to inspect the Union's
cards and made sundry other contentions in opposition to the petition,
all of which the Board has considered. None of the Company's con-
tentions afford any ground for dismissal of the petition.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find in accordance with the agreement of the parties that all
employees of the Company at its plant in Augusta, Georgia, including
' The Field Examiner reported that the Union submitted 36 authorization cards and that
there are 50 persons in the appropriate unit
' See Matter of Boecketer Associates and C7icmportin Products, 60 N L R B 1208 at
1211 ; Matter of United Motor Service, 59 N. L R B 351 , Pueblo Gas and h act Co V
N L R B., 118 F. (2d) 304 (C C A 10) , Matter of Buffalo Arms Corpoiation, 57
N. L. R. B. 1560, Matter of Amos-Thompson Corporation, 49 N. L. R B 423 ; Matter of
Lalance & Grosjean Manufacturing Co., 63 N. L R B. 130, Berkshire Knitting Mills v.
N L It B, 139 P (2t1) 134 (C C A 3) ; N L It. B v. Service Wood Heel Company, Inc,
124 P ( 2d) 470 ( C C A. 1 ) , International Association of Machinists , etc v. N. L. R B,
110 F (2d) 29, 35; N L. R B v. Remington Rand, Inc, 94 F (2d) 862, 873, cert. denied
304 U S 576 , Consolidated Edison Co. v N. L. R B, 305 U. S 197, 230.
1472 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the truck driver, but excluding the watchman, clerical employees, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF IIEPRESEN7 ATI\ ES
We shall direct that the question concerning representation winch
has arisen be resolved by an election by secret ballot anion- employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION D
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relation Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
D1REW'En that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Augusta Bag and
Burlap Company, Augusta, Georgia, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) 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, Sections 10 and 11, of said Rules and Regulations, among
employees lit the unit found appropriate in, Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for•
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
United Stone and Allied Products Workers of America, C. I. 0., for
the purposes of collective bargaining.