Convenience, Inc.

National Labor Relations Board - Board DecisionsFeb 19, 1946

65 N.L.R.B. 1220 (N.L.R.B. 1946)

In the Matter of CONVENIENCE, INCORPORATED and UNITED TEXTILE: WORKERS OF AMERICA (A. F. OF L.) Case No.10-R-1646.Decided February 19,1946 Haynsworth d Haynswortii, by Messrs C. F. and C. E. Haynsworth, Jr., of Greenville, S. C., for the Company. Mr. Nick Collins, of Columbia, S. C., for the Union. Mr. AS. Roy Remar, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Textile Workers of America, (A. F. of L.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of- Convenience, Incorporated, Lexington, South Carolina, herein called. the Company, the National Labor Relations Board provided for an. appropriate hearing upon due notice before William M. Pate, Trial Examiner. The hearing was held at Columbia, South Carolina, on November 2, 1945. The Company and the Union appeared and par- ticipated. All parties were afforded full opportunity to be heard, to, examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. At the hearing, the Company in effect moved to, dismiss the petition on the ground that a present determination of representatives is rendered ineffectual due to the inability to vote of aâ€¢ substantial number of employees in the armed forces of the United States. Ruling on the motion was reserved for the Board. For the- reasons appearing in Section V, infra, the motion is hereby denied.. The Trial Examiner's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. All parties were afforded an 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 Convenience, Incorporated, a South Carolina corporation, with its principal office at Greenville, South Carolina, operates a plant at 65 N. L. R. B, No. 208. 1220 CONVENIENCE, INCORPORATED 1221 Lexington, South Carolina, herein called the Red Bank plant, where it is engaged in the manufacture of cotton cloth. During the fiscal year ending November 30, 1944, the Company purchased raw materials valued at in excess of $500,000, approximately 25 percent of which was received from sources outside the State of South Carolina. During the same period the sales of the Company amounted to more than $500,000. Approximately 75 percent of the Company's products was sold, delivered, and transported in interstate commerce to points out- side the State of South Carolina. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Textile Workers of America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the exclusive bargaining representative of its employees at the Red Bank plant until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' 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 substantial agreement with the stipulation of the parties, that all hourly paid employees at the Company's Red Bank plant, ex- clusive of all office and clerical employees and all supervisory em- -Â°ployees with authority to hire, promote, discharge, discipline, or other wise effect changes in the status of employees, or effectively recommend such action,2 constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- i The Field Examiner reported that the Union submitted 81 authorization cards and that there were 150 employees in the alleged appropriate unit. , 2 The parties agreed that the following job classifications are supervisory : plant super- intendent, overseers , second hands. -1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ;ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election , lerein, subject to the limitations and additions set forth in the 'Direction. The Company contends that no election should be held at this time, when approxinlt>;tely 50 employees are still in the armed services. Im- plicit in this contention is the alternative position that all employees in the armed forces should be given an opportunity to.vote-by mail 'ballot if necessary. We are of the opinion that the facts in this case ,do not substantially differ from those in Matter of South, West Pemzsyl- vania Pipe Lines.3 Accordingly, we shall provide for the mail ballot- ing of employees in the armed forces who fall within the appropriate unit, subject to the conditions hereinafter mentioned. We shall direct that the question concerning representation be re- solved by an election by secret ballot among employees in the appro- priate unit who were employed during the pay-roll period immedi- ately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The Re- gional Director shall mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within seven (7) days after receipt of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that each ballot must be returned to and received by the Regional Office within thirty (30) days from the date ithey were mailed to such employees by the Regional Director.4 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, .and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Convenience, 3 64 N L R. B 1384. 4 A free interchange between the interested parties of information on the addresses and work categories of the employees to be voted by mail will be necessary , in order to avoid -challenges and post-election objections . Accordingly , the Board will make available to all interested parties any information of this nature furnished it by any other party. In the .event that the parties should send the absentee voters information or literature bearing directly or indirectly on the pending election, copies of all such documents should be -simultaneously filed with the Regional Office for inspection by or transmittal to the other parties However , acceptance or transmittal of such literature by the Board 's office is -not to be construed as conferring immunity on the filing party in the event that objections zare later interposed concerning its content . The usual principles will apply. CONVENIENCE, INCORPORATED 1223 Incorporated, at its Red Bank plant, Lexington, South Carolina, an election by secret ballot shall be conducted as early as possible, but not later than forty-five (45) 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 in the unit found ap- propriate in Section IV, above, who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States, but excluding 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 Textile Workers of America (A. F. of L.), for the, purposes of collec- tive bargaining.