Columbia Mills Co.

National Labor Relations Board - Board Decisions

Oct 5, 1940

27 N.L.R.B. 667 (N.L.R.B. 1940)

In the Matter Of COLUMBIA MILLS COMPANY and INDEPENDENT
%
EMPLOYEES ASSOCIATION OF COLUMBIA MILLS
Case No. R-1931
SUPPLEMENTAL DECISION
AND
DIRECTION
October 5, 1940
On July 29,1940, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled proceeding.' On August 22, 1940, the Board issued an
amendment to the Direction of Election.2 Pursuant to the Direction
of Election, as amended, an election by secret ballot was conducted
on August 23, 1940 under the direction and supervision of the
Regional Director for the Tenth Region (Atlanta, Georgia). On
September 9, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, issued and duly served upon the parties
an Election Report.
As to the balloting and its results, the Regional, Director reported
as follows :
Total number eligible -------------------------------------- 1,167
Total number of ballots cast------------------------------ 1,070
Total number of ballots cast for Independent Employees
Association of Columbia Mills--------------------------- 493
Total number of ballots cast for Textile Workers Union of
America------------------------------------------------ 534
Total number of ballots cast for neither------------------- 37
Total number of challenged ballots------------------------ 5
Total number of void ballots------------------------------ •1
Total number of blank ballots----------------------------- -0
The Regional Director recommended in his Election Report that
the challenges be overruled.
On September 16, 1940, the Independent moved that the election
.be set aside and that another election be held on the ground that
125 N. L. R. B 1065.
2 26 N . L. It. B. 974.
27 N. L. R. B., No. 125.
667
668 DECISIONS OF NATIONAL LABOR RELATIONS BOARD'
agents of the T. W. U. A. acted improperly before and during the
conduct of the election. Thereafter, affidavits were filed with the
Regional Director in support of and in opposition to these allega-
tions, and on September 27, 1940, the Regional Director issued and
duly served upon the parties a Report on the objections of the Inde-
pendent. After the ballots had been counted, observers for the
Independent, as well as for the T. W. U. A., the Company, and the
Board, certified that the election was "honestly and fairly conducted."
Upon the entire record, we find that the objections of the Inde-
pendent do not raise substantial and material issues with respect to
the conduct of the ballot or the Election Report. The objections are
hereby overruled and the motion that the election be set aside is
hereby denied.
We agree with the Regional,Director that the challenges should
be overruled. Since the results of the electron may be affected by
the counting of the five* challenged ballots hereby declared, valid, we
shall direct that they be' counted.
DIRECTION •
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, 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 - -
DIRECTED that, as part of the investigation directed by the Board to
ascertain representatives for the purposes of collective bargaining
with Columbia Mills Company, Columbia, South Carolina, the Re-
gional Director for the Tenth Region (Atlanta, Georgia) shall, pur-
suant-to the -Rules and- Regulations of the Board; set forth above,
and subject to-Article III,-Section 9, of said Rules and. Regulations,
within ten (10) days from the date of this Direction open and count
the five challenged ballots and shall thereafter prepare and cause'
'
to
be served upon the parties in this case a Supplemental Election Re-
port embodying -his findings therein and his recommendations as to
the results of the secret-ballot.
SAME TITLE
CERTIFICATION' OF REPRESENTATIVES
October 21, 1940
On July 29, 1940, the National Labor Relations Board; herein
Palled' the Board, issued a Decision and Direction of Election in the
t :_ -:-
COLUDiBIA MILLS COMPANY 669
above-entitled proceeding., On August 22, 1940, the Board issued
an amendment to the Direction of Election.2 Pursuant to the Direc-
tion of Election, as amended, an election by secret ballot was conducted
on August 23, under the direction and supervision of the Regional
Director for the Tenth Region (Atlanta, Georgia). On-September
9, 1940, the Regional, Director issued and duly served upon- the-parties
an Election Report. - On October 5, 1940, the Board issued a Supple-
friental Decision and Direction. On October 8, 1940, the Regional
Director issued and duly served upon the parties a Supplemental Elec-
tion Report. No objections have been filed to the Supplemental
Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible------------------------------------- 1,167
Total number of ballots cast------------------------------- 1, 070
Total number of ballots cast for Independent Employees As-
sociation of Columbia Mills ------------------------------- 497
Total number of ballots cast for Textile Workers Union of
America--------------------------------------------- - 535
Total number of ballots cast for neither------------------- 37
Total number of void ballots----------------------------- 1
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 the production and
maintenance-employees of Columbia Mills Company, Columbia, South
Carolina, including section men, and excluding second hands, over-
seers , superintendents, and clerical employees as their representative
for the purposes of collective bargaining, and that pursuant to the
provisions 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 in
respect to rates of pay, wages, hours of employment, and other condi
tions of employment.
125 N . L. R. B 1065
2 26 N L R- B 974
27 N. L R. B, No 125a