Crompton-Highland Mills

National Labor Relations Board - Board Decisions

Jul 17, 1945

62 N.L.R.B. 1346 (N.L.R.B. 1945)

In the Matter of CROMPTON-HIGHLAND MILLS and TEXTILE WORKERS
UNION OF AMERICA, CIO
Case No. 10-R-1465.-Decided July 17, 1945
Mr. Ralph Williams, of Atlanta, Ga., for the Company.
Mr. Horace White, of Atlanta, Ga., for the Union.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America, CIO,
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Crompton-Highland
Mills, Griffin, Georgia, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice before
Albert D. Maynard, Trial Examiner. Said hearing was held at Griffin,
Georgia, on May 21, 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 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 an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Crompton-Highland Mills, a Georgia corporation, has a plant at Griffin,
Georgia, where it is engaged in the manufacture, sale, and distribution of
cotton cloth such as corduroy, velvet, velveteen, and jungle cloth. During
the 12-month period ending April 1945, the Company purchased raw mate-
62 N. L. R. B., No. 182
1346
CROMPTON-HIGHLAND MILLS 1347
rials, consisting of cotton and other items, amounting in value to more than
$200,000, of which in excess of 50 percent was shipped to it from points
outside the State of Georgia. During the same period the Company's fin-
ished products amounted in value to more than $250,000, all of which were
shipped to points outside that State.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress of In-
dustrial Organizations , is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the ex-
clusive bargaining representative of certain of its employees until the em-
ployees are afforded an opportunity to vote for or against the Union in a
properly conducted secret election.
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,
The parties agree that the appropriate unit should consist of all produc-
tion and maintenance employees of the Company, including watchmen, but
excluding office, clerical, technical, and laboratory employees, and all super-
visory employees of the grade of second hand and above. However, they are
in disagreement as to head fixers in the card room, section men in the spin-
ning room, and head loom fixers in the weave room. The Company contends
that these employees are supervisory and should be excluded from the unit,
while the Union would include them.
At the top of the plant's supervisory hierarchy is the general manager,
and below him, in the order named, are the superintendent, the assistant
superintendent, the shift supervisor, the departmental overseers, and the
second hands. The Union and the Company are agreed that all the above-
named are supervisory employees and should be excluded. Generally, in the
spinning room second hands are assisted by section men, while in the card
room and weave room second hands are assisted by the head fixers, and
' The Field Examiner reported that the alleged appropriate unit consists of approximately 800
employees , and that the Union submitted 513 membership cards dated in April 1945.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
head loom fixers, respectively. In addition to fixing machines and seeing
that they are kept in operation, the employees in dispute' assign operators
to their work, watch the work of the operators, report good or bad work,
and recommend disciplinary action or changes in the status of operators.
They also take the place of the second hands when the latter are absent or a
shift is too small to justify having a second hand. Section men in the spin-
ning room are paid a minimum rate of 72 cents per hour, head loom fixers
in the weave room 92 cents per hour, and head fixers in the card room 90
cents per hour, while ordinary production employees receive a minimum
rate of 50 cents per hour. Although the section men, head loom fixers and
head fixers in question have no authority to hire and discharge employees,
we are of the opinion that the greater part of their duties is such as to endow
them with supervisory status within the meaning of our customary defini-
tion. We shall exclude them."
We find that all production and maintenance employees of the Company,
including watchmen,' but excluding office, clerical, technical, and laboratory
employees, section men in the spinning room, head loom fixers in the weave
room, head fixers in the card room, all supervisory employees of the grade
of second hand and above, and all other supervisory employees with author-
ity 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 REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
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 representatives
for the purposes of collective bargaining with Crompton-Highland Mills,
2 There are about 3 head fixers in the card room , 5 section men in the spinning room , and 3 head
loom fixers in the weave room.
3 See Matter of Mexia Textile Mills, Inc, 58 N L R B 1327 ; Matter of Hamrick Mills, 57
N L R S 163, Matter of Alpha Mills, lee, 24 N L R 13 1, Matter of Bo,den Mills, Inc, 13
N L R B 459
4 These employees are not militarized , deputized, or armed
CROMPTON-HIGHLAND MILLS 1349
Griffin, Georgia, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) clays 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 the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding any 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 Textile Workers Union of America, CIO,
for the purposes of collective bargaining.