Covington Weaving Co.

National Labor Relations Board - Board DecisionsMay 21, 1941

31 N.L.R.B. 1145 (N.L.R.B. 1941)

In the Matter of COVINGTON WEAVING COMPANY and TEXTILE WORK- ERS UNION OF AMERICA, LOCAL 330, CO%INGTON, VA. Case No. R-2316.Decided May 21, 1941 Jurisdiction : rayon goods manufacturing industry. Investigation and Certification of Representatives : existence of.question â€¢ Com- pany ietused to accoid union recognition claiming that it does not represent a majority of the employees; part-time employee-students and laid-off em- ployees who have not been rehired by the Company and who are still available and have not previously been unavailable or refused reemployment held eligible to vote ; election necessary Unit Appropriate for Collective Bargaining : all production and maintenance employees, exclusive of office help, foremen, foreladies, and supervisory employees ; agreement as to. Mr. Herbert 0. Eby, for the Board. Mr. D. E. Hudgins, of Greensboro, N. C., and Mr. R. B. Stephenson, of Covington, Va., for the Company. Mr. George E. Moorhouse, of Covington, Va., for the Union. Mr. Louis S. Pen field, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE On January 13, 1941, Textile Workers Union of America, Local Union 330, Covington, Va., herein called the Unioli, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Covington Weaving Com- pany, Covington, Virginia, herein called the Company,' and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 4, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of i The name Covington Weaving Company is the trade name under which the Burlington Mills Coipoiation operates a department at Covington, Virginia The parties stipulated that the name Covington Weaving Company should be used as the col i ect name ,of the employer in the present proceeding 31 N L R B. No 173 - 1145 1146 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD' 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 February 5, 1941, the Regional Director issued a notice of hearing, copies of which \1 ere duly served upon the Company and upon the Union. Pursuant to notice, a hearing was held on February 13, 1941, at Covington, Virginia, before Edward G. Smith, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany was represented by counsel and the Union by its representative; both participated in the hearing. At the opening of the hearing the Company moved to dismiss the petition because the Union does not represent a majority of its employees, and as a consequence, no ques- tion concerning representation has arisen. This motion was referred to the Board. On the basis Hof the facts hereinafter set forth the motion is hereby denied. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the, admission of evidence. The Board has reviewed 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. TIIE BUSINESS OF THE CONNPANY Burlington Mills Corporation, Greensboro, North Carolina, a Dela- ware corporation, is engaged in the manufacture of rayon goods. In connection with its business it owns or operates approximately 38- plants. This proceeding is concerned solely with a plant located at Covington, Virginia, known by the trade name Covington Weaving Company, where it is engaged in weaving rayon cloth. The principal raw materials used by the Company are raw rayon yarns. Approxi- mately 50 per cent of the rayon yarn used annually by the Company is, shipped to it from points outside the State of Virginia. One hundred. per cent of the finished goods manufactured by the Company, valued at approximately 1 million dollars, is shipped to points outside the State- ef Virginia. The Company admits that Burlington Mills Corpora- tion as a whole, and its department, the Company herein, are engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATION IN\ OLVED Textile Workers Union of America, Local Union 330, Covington, Va., is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. COVINGTON WEARING COMPANY 1147 III. TIIE QUESTION CONCERNING REPRESENTATION In September 1939, following a consent election conducted by the Board, the Company recognized the Union as the statutory repre- sentative of its production employees . No contract , however, was ever -entered into . In July 1940 , a petition , which purported to be signed by a majority of the Company 's employees , requesting that the Com- pany withdraw recognition from the Union was presented to the Com- pany. Thereafter the Company indicated that it would comply with this request and in August 1940 , the Union filed charges alleging that the Company had engaged in unfair labor practices within the mean- ing of the Act. Following a series of conferences with agents of the Board the Union withdrew its charges and on September 28, 1940, the Company sent a letter to the Union formally declining to accord it further recognition on the ground that it no longer represented a ma- jority of the Company's employees . Thereafter , the Union commenced a drive for new members and on January 13 , 1941, it filed the petition herein. The Company at all times since September 28, 1940, has taken the position that the Union does not represent a majority of its em- ployees, and at the hearing it moved to dismiss the petition for that i eason. , A statement of an agent of the Board introduced in evidence shows that the Union represents a substantial number of employees in a col- 'lective bargaining unit hereinafter found to be appropriate.' 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- inerce and the free flow of commerce. V. THE APPROPRIATE UNIT The pa rties agreed that all production and maintenance em- ployees 3 of the Company , exclusive of office help , foreman, fore- -A statement of an agent of the Boaid introduced in evidence , shoes that 99 authoriza- tion cards were submitted to him , 95 dated between August 1940 and February 1941, and 4 undated , that all the signatures on such cards appear to be genuine , original signatures and that 89 of them are the names of persons on the Company ' s pay roll of February 8, 1941. This pay roll contains the names of 226 persons 3 The agreed unit as- it appears in the recoid is limited to production employees. How- ever, the pay roll of February 8, 1941, introduced in evidence and purporting to contain 1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ladies, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. The Union contends that one W. W. Boyer, listed on the pay roll as a style clerk in the weaving department, should be excluded from the unit as a supervisory employee. The record discloses, how- ever, that this employee is engaged in production work similar to that of other employees, and there is no evidence that he performs supervisory duties. Accordingly, we find that Boyer should be in- cluded in the unit. We find that all production and maintenance employees of the Company, exclusive of office help, foremen, foreladiesf and super- visory employees, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit 'of their right to self-organization and to collective bargaining 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 in the unit which we have found to be appropriate can best be resolved by an election by secret ballot. The Union requests that four production employees who work for the Company 4 hours a day and spend the remainder of the day in a public school shall not be eligible to vote. The Union does not ad- mit these employees to membership and contends that it has not suf- ficient authority over them while they are in school to enable it to properly . represent them for collective bargaining purposes. It is the Company's position that they should be included in a production and maintenance unit because they are permanent, part-time employees, engaged ' in regular production work and in the course of time will become full time employees. In addition to performing part-time work during the school year, these employees work full time during the summer months. Inasmuch as these students engage in a sub- stantial amount of 'regular production work at the present time and in the -normal course of events will become full-time production names of all production employees of the Company except "officers, office force , foremen, oveiseers , and supervisors" also contains the names of ceitain maintenance employees in- cluding five servicemen , two firemen , one machinist , two firemen and watchmen, one janitor, one carpenter, two hainess builders, and three sweepers The status of a number of em- ployees whose names appeared on this pay roll was considered at the heating, including, among others, that of a commissary clerk whose duties consisted in dispensing food and performing lanito: work. Both parties agreed that the commissary clerk should be in- cluded' in the unit The status of the aforementioned maintenance employees was not taken up , but under the circumstances we are of the opinion that the parties intended that all such maintenance employees should be included in the unit, and, accordingly , we shall construe the agreed unit to include maintenance as well as production employees COVINGTON WEARING COMPANY 1149 workers, we are of the opinion, and find, that they are eligible to vote in the choice of a collective bargaining representative.' The Union also requests that certain laid-off employees be eligible to vote. In August 1940 the so-called throwing department of the Company in which 67 persons had been employed was abandoned. Of the 67 persons then laid off, approximately one-half have been re- hired by the Company at Covington, or at some other plant of the Burlington Mills Corporation, while 17 others are not now available for work or have refused jobs with the Company. The remainder still wish work with the Company. The Company denies that it has placed these laid-off employees on it preferential list but indicates its willingness to reemploy them if work becomes available. - In view of the rehiring policy already carried out and the admitted intention to reemploy, if possible, those not already placed, we are of the opinion that those employees who are still available for employment should be entitled to participate in the choice of a bargaining rep-, resentative. Accordingly, we find that those employees formerly in the throwing department who have not been rehired by the Company at Covington or at some other plant of the Burlington Mills Corpo- ration and who are still available and have not previously been un- available or refused reemployment are temporarily laid-off employees eligible to vote within the meaning of our Direction of Election. The Union requests that January 11, 1941, the date of the pay roll immediately preceding the filing of the petition herein, be selected for purposes of determining eligibility. The Company requests that February 8, 1941, a more current date be selected. The Union bases its position on the fact that 20 persons have been employed by the Company subsequent to February 11. There is no showing that any of these new employees are temporary. Under the circumstances we see no reason to depart from our usual ruling. Accordingly, we find that those eligible to vote shall be the employees in the appropri- ate unit who were employed by the Company during the payroll period immediately preceding the date of our Direction of Election herein, subject to such limitations and additions as are set forth in the Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : - CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Covington Weaving Company, Covington, 4 Matter of Hillsdale Screen Company and United Automobi le Workers of America affil- iated with the 0 1 0, 29 N L R B 612 1150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Virginia, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the -Act. 2. All production and maintenance employees of the Company exclusive of office help, foremen, foreladies, and supervisory em- ployees constitute a unit appropriate for the purpose of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of National Labor Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions 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 purpose of collective bargaining with Covington Weaving Company, Covington, Virginia, 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 Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company whose names appear on the pay roll of the Company for the period immediately preceding the date of the Direction of Elec- tion, including - employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, or temporarily laid off, but excluding office help, foremen, foreladies, and supervisory employees and employees who_ have since quit or been discharged for cause, to determine whether or not they desire to- be represented by Textile Workers Union_of America, Local 330, Covington, Va., for purposes of collective bargaining.