Eagle-Phenix Mills

National Labor Relations Board - Board DecisionsJul 13, 1939

13 N.L.R.B. 593 (N.L.R.B. 1939)

III the Matter of EAGLE-PHENIX MILLS and TEXTILE WORKERS ORGANIZING COMMITTEE In the Matter of EAGLE & PHENIX MILLS and TEXTILE WORKERS ORGANIZING COMMITTEE Cases Nos. R-4.56 and C-944, respectively SUPPLEMENTAL DECISION AND ORDER July 13, 1939 On February 16, 1939, the National Labor Relations Board, herein called the Board, issued a Decision, Order, and Second Direction of Election in the above-entitled proceeding.' The Second Direction of Election, as amended,2 provided that an election by secret ballot be conducted within thirty (30) days from March 24, 1939, under the direction and supervision of the Regional Director for. the Tenth Region (Atlanta, Georgia), among all employees of Eagle & Phenix Mills, Columbus, Georgia, herein called the respondent, who' were employed during the. pay-roll period next. preceding March' 24, 1939, excluding clerical and supervisory elilployees and those -who had since quit or been discharged for cause, to determine whether or not they desired to be represented by Textile Workers Organizing Committee, herein called the Union, for the purposes of collective bargaining. Pursuant to the Second Direction of Election, an election by secret ballot was conducted on April 14, 1939, at Columbus, Georgia. Full opportunity was afforded all the parties to the investigation to partici- pate in the conduct of the ballot and to make challenges. , On April 18, 1939, the Regional Director, acting pursuant to Article, III, Sec- tion 9, of National Labor Relations Board Rules and-Regulations- Series 1, as amended, issued and duly served upon the parties his Intermediate Report upon the ballot. i11 N . L. R. B 361 2 11 N. L. R B, 372; 12 N. L R B 164. 13 N. L. R. B., No. 66. 593 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote______________________________ 1,595 Total number of ballots cast_______________________________ 1,514 Total number of ballots cast for Textile Workers Organizing Committee affiliated with the C. I. O_____________________ 729 Total. number of ballots cast against Textile Workers Organizing Committee affiliated with the C. I. O---------- 752 Total number of challenged ballots_____ ____________________ 26 Total number of void ballots_______________________________ 5 Total number of blank ballots _____________________________ 2 On May 5, 1939, pursuant,to an extension of time granted for that purpose, the Union filed with the Regional Director objections to the Intermediate Report on the ballot alleging, in substance, that the respondent had posted improper notices of election and had by its supervisory employees persuaded and warned eligible employees to vote against the Union. The Regional `Director has reported, first, that the respondent removed its own notice prior to the election and substituted for it a notice prepared by agents of the Board, and sec- ond, that although given opportunity to do so, the Union has furnished no information tending to establish interference by the respondent. The Regional Director has not found that the objections raise a sub- stantial or material issue, with respect to the conduct of the ballot. The results of the election show that no collective bargaining repre- sentative has been selected by a majority of the employees. The peti- tion for investigation and certification of representatives of employees of Eagle & Phenix Mills, Columbus, Georgia, will therefore be dismissed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT Is HEREBY ORDERED that the petition for investigation and certifica- tion of representatives of employees of Eagle,& Phenix Mills, Colum- bus, Georgia, filed by Textile Workers Organizing Committee, be, and it hereby is, dismissed. M. WTT.T.TAM M. LEISERSON took no part in the consideration of the above Supplemental Decision and Order.