Dunean Mills

National Labor Relations Board - Board Decisions

Sep 14, 1942

43 N.L.R.B. 1365 (N.L.R.B. 1942)

In they Matter of DUNEAN MILLS and TEXTILE WORKERS UNION OF
AMERICA -
Case No. R-4227.-Decided September 14, 1942
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance. em-
ployees, excluding supervisory and clerical employees.
Mr. C. F. Haynesworth'and Mr. F. D. Rainey, of Greenville, S. C.,
for the Company.
Mr. Paul Schuler and Mr. Benjamin Brown, of Greenville, S. C.,
for the Union.
Mr. David Karasick, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition, duly filed by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Dunean Mills, Green-
ville, South Carolina, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert F. Koretz, Trial Examiner. Said hearing was held
at Greenville, South Carolina, on August 29, 1942. The Company
and the Union appeared and participated in the hearing. 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.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY-
Dunean Mills, a South Carolina corporation, maintains a plant and
offices near Greenville, South Carolina, where it is engaged in the
43 N. L. R. B., No 213.
1365 ,
1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture of rayon dress cloth and cotton fabrics. During the 12-
month period ending June 30, 1942, the Company ptirchased raw
materials valued at $11,066,478, at-least 80 percent of which-were
derived from States other than South Carolina. During the same
period, the 'Company's sales of finished products amounted to
$20,675,342, of which at least 80 percent represented shipments to
States other than South Carolina. The Company concedes that it
is engaged in commerce, within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America,' affiliated with the Congress
of Industrial Organizations, is a. labor organlzatzon admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, having refused the Union's request for recognition
on the ground that it did not represent a majority of the employees,
will not recognize or bargain ivith the Union unless it is certified, by
the Board.
A statement of a Field Examiner,- introduced in evidence at the
hearing, shows that the Union represents a substaiitial 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 accordance with a stipulation of the parties , that all
production and maintenance employees of Dunean Mills, Greenville,
South Carolina , excluding supervisory and clerical employees , consti-
tute a unit appropriate for the purposes of collective bargaining, with-
in 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-
1 The Field Examiner iepoited that the Union presented 970 membership application and
designation cards, all of which appeared to bear genuine original signatures ; that of the
970 cards so submitted, 817 bore signatures of persons whose names also appeared on-the
Coinpaiiv's pay roll for the week ending July, 24, 1042, which pay roll listed the names
of 2,730 persons in the alleged appropriate unit Of the 817 cards which bore the signa-
tures of persons whose names also appeared on said pay ioll, 757 were variously dated -
from February to August 1942 and 60 were undated
DUNEAN MILLS 1367
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Dunean Mills,
Greenville, South Carolina, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, 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, Section 9, 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or ,been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Local 376, Textile Workers Union, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the COnSLderation of the above
Decision and Direction of Election.
2The Union requested that it be designated as "Local 376, Textile Worke)s Union,
affiliated with the Congress of Industrial organizations " on the ballot The request is
hereby granted