Borden Mills, Inc.

National Labor Relations Board - Board DecisionsApr 17, 1940

22 N.L.R.B. 1014 (N.L.R.B. 1940)

In the Mattel' of BORDEN MILLS, INC. and TEXTILE WORKERS UNION OF AMERICA Cases Nos. C-763 and R-769 SUPPLEMENTAL DECISION AND AMENDED DIRECTION OF ELECTION April 17,1940 On July 1, 1939, the National Labor Relations Board, herein called the Board, issued its Decision, Order, and Direction of Election in the above-entitled proceeding.1 The Direction of Election provided that. an election by secret ballot be conducted, at such time as the Board should thereafter direct, among the production and maintenance em- ployees of Borden Mills, Inc., Kingsport, Tennessee, herein called the Company, employed by the Company during a pay-roll period subse- quently to be specified by the Board, excluding clerical and supervisory employees, overseers, second hands, section men, loom fixers, fixers, and employees who at or before the time of such election should have quit or been discharged for cause, but including employees not working during such pay-roll period because they were ill or on vacation, and including William Heath and George Absher, to determine whether or not they desired to be represented by Textile Workers Union of America, affiliate of the Congress for Industrial Organization, herein called the Union, for the purpose of collective bargaining. The Board has been informed by the Regional Director for the Tenth Region that the Union desires that an election be held at the earliest possible date. The purpose of delaying the election directed on July 1, 1939, was to allow time for the dissipation of the effects of the unfair labor practices in which the Company had engaged in order that the election should constitute a free expression of the employees' i 13 N L R B. 459. On July 25, 1939, the Board served notice on all parties that unless within 10 days of service of that notice objection should be filed with the Board it would, and, when no such objections were filed, it did issue a Supplemental Order changing the title of these cases to that given in the above caption and substituting in paragraph 1 (a) of the Board's Order and in its Direction of Election the words "Textile Woikers Union of American, affiliate of the Congress for Industrial Organization," for the words, "Textile Workers Organizing Committee, affiliated with the Committee for Industrial Organization " 22 N. L. R. B., No. 81. 1014 BORDEN MILLS, INCORPORATED 1015 choice. Although there has been no report that the Company has com- plied with our Order, the Union apparently is of the opinion that a fair election can now be held. We see no reason for not granting its re- quest. We shall direct that employees who were in the appropriate unit during the pay-roll period immediately preceding the date of this Amended Direction of Election shall be eligible to vote. AMENDED 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 Borden Mills, Inc., Kingsport, Tennessee, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Amended Direction of Election 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 Regula- tions, among all the production and maintenance employees of Borden Mills, Inc., employed by that Company during the pay-roll period im- mediately preceding the date of this Amended Direction of Election, excluding clerical and supervisory employees, overseers, second hands, section men, loom fixers, fixers, and employees who have since quit or been discharged for cause, but including employees not working dur- ing such pay-roll period because they were ill or on vacation and including William Heath and George Absher, to determine whether or not they desired to be represented by Textile Workers Union of America, affiliate of the Congress for Industrial Organization, for the purposes of collective bargaining.