Dixie Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Mar 7, 1944

55 N.L.R.B. 281 (N.L.R.B. 1944)

In the Matter of DIxiE MANUFACTURING COMPANY, INC., and AMAL-
GAMATED CLOTHING WORKERS OF AMERICA
Case No. 1O-R-1110.-Decided March 7,1944
Mr. Pride Tomlinson, of Columbia, Tenn., and Mr. A. H. Roberts,
Jr., of Nashville, Tenn., for the Company.
Mr. Edward A. Blair, of Columbia, Tenn., and Mr. Harold S. Mara-
shenke, of Nashville, Tenn.,'for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated' Clothing Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the .representation of employees of
Dixie Manufacturing Company, Inc., Columbia, Tennessee, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Dan M. Byrd, Jr.,
Trial Examiner. Said hearing was held at Columbia,. Tennessee,
on February 11, 1944. The Company and the Union appeared and
participated. 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
I. THE BUSINESS OF THE COMPANY
Dixie Manufacturing Company, Inc., a Tennessee corporation, is
engaged in the manufacture of pants and overalls at two plants in
Columbia, Tennessee. We are here concerning with its Plant No. 1.
During 1942 the Company purchased raw materials valued in excess
55 N. L. R. B., No. 50.
281
282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of $75,000, over 90 percent of which was shipped to it from points
outside the State of Tennessee. During the same period the Com-
pany sold products valued in excess of $75,000, over 90 percent of
which was shipped to points outside the State of Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Clothing Workers of America, affiliated with the
Congress of Industrial Organizations , is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain employees of the Com-
pany, on the ground that the unit sought by the Union is inappropriate.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 Union asserts that the appropriate unit consists of all produc-
tion and maintenance employees, excluding clerical and supervisory
employees at Plant No. 1 of the Company at Columbia, Tennessee.
The Company claims that similar employees at its two plants at Co-
lumbia constitute an appropriate unit.
There are approximately 261 employees at Plant No. 2 and 208 at
Plant No. 1. The plants are approximately 1 mile apart and are under
separate managers. Although the product of both plants is substan-
tially the same and employees in both have similar skills and duties
and receive the same basic wage rate, each of the plants has its own
pay-roll facilities and 'work-ticket departments and keeps accounts
in separate banks to meet the separate pay rolls. Warehousing, re-
ceiving, and shipping facilities of sufficient size to meet the require-
ments of each plant are maintained at both. Interchange of personnel
between the plants as a rule does not occur, although during times
of emergency there is some interchange. We have heretofore held
that the employees at Plant No. 2 constitute an appropriate unit.' We
I The Field Examiner reported that the Union submitted 106 designation cards and that
261 employees are in the alleged appropriate unit. At the hearing the Company's counsel
stated that only 208 employees are in the alleged appropriate unit
2 Matter of Dixie Manufacturing Company, Inc, 54 N L. It. B 384.
DIXIE MANUFACTURING COIdPANY, INC. 283
see no reason why the employees at Plant No . 1 alone at the present
time may not constitute an appropriate unit.
We find that all production and maintenance employees at Plant
No. I of the Company at Columbia, Tennessee , excluding clerical em-
ployees and all supervisory employees with authority to hire, promote,
discharge , discipline , or otherwise effect changes in the status of em-
ployees , or effectively recommend such action , constitute a unit appro-
priate 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-
ployees in the appropriate unit who were employed during the pay-roll
period immediately 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dixie Manufactur-
ing Company , Inc., Columbia , Tennessee , ai) 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 super-
vision 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 preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, 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 Amalgam-
ated Clothing Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.