Douglas Mill, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 218 (N.L.R.B. 1946)

In the Matter of DOUGLAS MILL, INC. and TExn1LE WoRxrRS UNION
OF AMERICA (CIO)
Case No. 10-R-1655.-Decided February 28, 1946
Mr. R. H. Hutcheson, of Douglasville, Ga., aiid'Mrs. Margaret B.
Glover, of Douglasville, Ga., for the Company.'
Messrs. Horace White and Truman Henderson, of Atlanta, Ga.,
and Mrs. Irene Bailey, of Carrollton, Ga., for the Union.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting,
commerce had arisen concerning the representation of employees of
Douglas Mill, Inc.,' Douglasville, Georgia, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Albert D. Maynard, Trial
Examiner. The hearing was held at Douglasville, Georgia, on
December 12, 1945. 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 arp hereby affirmed. All
parties were afforded 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
Douglas Mill, Inc., is a Georgia corporation operating its only
plant at Douglasville, Georgia, where it is engaged in the manufac-
I A motion was made and allowed to amend all formal papers to show the correct name
of the Company.
66 N. L . R. B., No. 18.
218
DOUGLAS MILL, INC. 219
ture, sale, and distribution of unfinished gray cotton piece goods.
The principal raw material used by the Company is raw cotton.
Since November 19, 1945,2 the Company has purchased raw cotton,
valued in excess of $13,000 per week, all of which was shipped to
the Company from points outside the State of Georgia. Since
November 17, 1945, the Company has manufactured finished products
valued in excess of $90,000 per month, all of which is shipped to
points outside the State of Georgia. The secretary-treasurer of the
Company testified that the Company anticipated increasing both its
purchases and sales during 1946.
We find that the Company is engaged in commerce within the
meaning of the Act.3
H. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 16, 1945, and again on November 27, 1945, the Union
requested the Company to recognize it as the exclusive bargaining
representative of certain of its employees at the Douglasville plant
of the Company. The Company has failed to grant either request.
The Company contends that the Board should not direct an elec-
tion at this time inasmuch as the Union failed to obtain a majority
in an election conducted by the Board on June 19, 1945.4 We find
merit in this contention. It has been our administrative policy to
require a union, which has lost one election and seeks another within
a year, to make such showing of renewed and extended organiza-
tional effort as will indicate a greater probability that a majority of
the employees desire 'it to act as their bargaining representative.5
The evidence in this case does not support such a showing of interest
by the Union. In fact, the investigation of Board agents indicates
that the Union's position has actually deteriorated since the last
On November 17, 1945, the stock of Douglas Mill , Inc, changed hands and new officers
were elected shortly thereafter. The new secretary-treasurer of the Company testified
that she did not have available the facts as to commerce prior to November 17, 1945.
See Matter of Douglas Mill, Inc, 62 N. L. R. B. 40.
S See Matter of Douglas Mill , Inc., 62 N. L. R. B. 40.
• Matter of Douglas Mill , Inc., 62 N. L. R. B. 40.
G Matter of World P4b0ish%ng C9, 03 N. L. R. B 402; Matter of Joseph Bancroft & Sons
Co, 64N.L R.B 74,
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election a Under these circumstances, we shall dismiss the petition
without prejudice to the right of the Union to file another petition
for representation nearer the anniversary date of the first election.
ORDER
IT Is HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees of Douglas Mill, Inc.,
Douglasville, Georgia, filed herein by Textile Workers Union of
America, CIO, be, and it hereby is, dismissed.
6 The Field Examiner 's report, introduced at the December hearing in this case, shows
that the Union submitted 158 authorizations in an alleged appropriate unit of 304
employees.
The Field Examiner 's report , introduced in evidence before the prior Direction of
Election , shows that the Union submitted 176 authorizations in an alleged appropriate
unit of 300 employees . The Union lost this election, receiving 139 out of 283 valid
votes cast.