Eagle-Phenix Mills

National Labor Relations Board - Board Decisions

Jan 18, 1938

4 N.L.R.B. 966 (N.L.R.B. 1938)

In the Matter Of EAGLE-PHENIX MILLS and TEXTILE WORKERS
ORGANIZING COMMITTEE
Case No. R-4,56.-Decided January 18, 1938
Cotton Textile Industry-Investigation of Representatives : controversy con-
cerning representation of employees : refusal by employer to recognize and
bargain with union until question of representation is determined by Board-
Unit Appropriate for Collective Bargaining : all employees , except clerical and
supervisory ; no controversy as to-Election Ordered
Mr. John T. Mahoney, for the Board.
Swift, Pease, Davidson cC Swinson, by Mr. J. Q. Davidson and
Mr. W. Edward Swinson, and Battle c Smith, by Mr. Willis Battle,
all of Columbus, Ga., for the Company.
Dr. Witherspoon Dodge, of Columbus, Ga., for the Union.
Mr. Richard A. Perkins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 27, 1937, Textile Workers Organizing Committee,
herein called the Union, filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Eagle-Phenix Mills, Columbus, Georgia, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On October 27, 1937, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
'Director to conduct it and to provide for an appropriate hearing
upon due notice.
On November 11, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on
November 26, 1937, at Columbus, Georgia, before Paul K. Hennessy,
,the Trial Examiner duly designated by the Board. The Board and
966
DECISIONS AND ORDERS 967
1
the Company were represented by counsel, and the Union by one of
its officials , and all participated in the hearing . Full opportunity to
be heard, to examine and cross-examine witnesses , and to introduce
evidence bearing on the issues was afforded all parties . During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence . A brief was
filed on behalf of the Company . 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
1. THE BUSINESS OF THE COMPANY
The Company , a Georgia corporation , operates a single manufac-
turing plant at Columbus, Georgia, devoted chiefly to the production
of cotton goods, including flannel , crochet thread , ball thread, and
rope. Cotton comprises approximately 99 per cent , in value, of the
raw materials used. The Company buys all of its cotton in Columbus,
Georgia, and hauls it to the mill by truck. The Company used 32,015
bales in the year ending August 31, 1937. The origin of the cotton
is not disclosed by the record. The Company's president testified it
might come from various states , depending on the season and the
crop. The Company uses each month about 20 tons of coal shipped
by rail from Alabama mines. Dyestuffs are obtained from the du
Pont Company and are shipped to the mill from a du Pont branch
in Charlotte, North Carolina.
The principal processes carried on at the mill are picking, carding,
spinning, weaving, sanforizing, finishing, and dyeing. The Company
manufactured 15,000,000 pounds of goods in the year ending August
31, 1937, and during this period sold 13,800,000 pounds. Approxi-
mately 90 per cent of the products sold by the Company are shipped
outside of Georgia, principally to customers in New York City, Chi-
cago, and Baltimore.
H. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization , admitting
to its membership all employees of the Company, excluding clerical
and supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
Union representatives sought and obtained a conference with Com-
pany officials on August 11, 1937 , where the matter of Union recog-
67573-38-vol iv-62
968 NATIONAL LABOR RELATIONS BOARD
nition was discussed. Witherspoon Dodge, a Union representative,
expressed his belief that the Union had a majority of the Company's
employees, but stated he would not verify his claim by exhibiting
membership application cards to the Company. He suggested that
the Company consent to an election or a comparison by the Board of
the application cards and the Company's pay roll for the purpose of
determining whether the Union represented a majority of the em-
ployees. Counsel for the Company replied that in his opinion "the
mills should not undertake to determine a matter which the Act pro-
vides should be decided by the National Labor Relations Board after
a hearing." '
In its petition the Union alleged that 1,500 persons were employed
by the Company and that of this number 1,062 were included within
its membership. At the hearing, the Union claimed 1,200 employees
of the Company were members of the Union.
We find that a question has arisen concerning 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-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claimed and the Company agreed that all the em-
ployees of the Company, except clerical and supervisory employees,
constitute an appropriate bargaining unit.
We find that all the employees of the Company, excluding clerical
and supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining and that said 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
At the hearing the Union claimed to represent a majority of the
employees in the appropriate unit, but offered no proof. We find
that the question which has arisen concerning the representation of
employees can best be resolved by holding an election by secret ballot
to determine whether the employees wish the Union to represent them.
DECISIONS AND ORDERS 969
Those employees in the appropriate unit who Were on the pay roll of
the Company during the pay-roll period next preceding the filing of
the petitioii herein shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Eagle-Phenix Mills, Columbus, Georgia,
Within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All the employees of the Company, excluding clerical and
supervisory employees, constitute a unit appropriate for the pur-
poses of collecting bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8,'of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to ascertain representatives for collective bargaining
with Eagle-Phenix Mills, Columbus, Georgia, an election by secret
ballot shall be conducted within fifteen (15) days 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, Sec-
tion 9, of said Rules and Regulations-Series 1, as amended, among
all the employees of Eagle-Phenix Mills who were employed by the
Company during the pay-roll period next preceding September 27,
1937, excluding clerical and supervisory employees and those who quit
or were discharged for cause between such date and the date of
election, to determine whether or not they desire to be represented by
Textile Workers Organizing Committee for the purposes of collec-
tive bargaining.