Exposition Cotton Mills Co.

National Labor Relations Board - Board Decisions

Mar 9, 1944

55 N.L.R.B. 355 (N.L.R.B. 1944)

In the Matter of EXPOSITION COTTON MILLS COMPANY and TEXTILE
WORKERS UNION OF AMERICA, CIO
Case No. 10-R-1106.-Decided March 9, 1944
Mr. James A. Branch, and Mr. George E. Glenn, Jr., of Atlanta, Ga.,
for the Company.
Mr. R. C. Thomas, of Atlanta, Ga., 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 Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Ex-
position Cotton Mills Company , Atlanta, Georgia , herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Mortimer H. Freeman, Trial
Examiner . Said hearing was held at Atlanta, Georgia , on February
21, 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 fol lowing:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Exposition Cotton Mills Company, a Georgia corporation, main-
tains its principal office and place of business in Atlanta, Georgia,
where it is engaged in the manufacture of sheetings, quills, osnaburgs,
sateen, and drills. During the past 12 months the Company used raw
55 N L. R. B, No. 64
355
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
materials valued at between $3 ,000,000 and $4,000,000, more than 75
percent of which was purchased and shipped from points outside
the State of oGeorgia to the Company 's plant. During the same
period, the Company manufactured finished products , valued in excess
of $8,000,000 , more than 90 percent of which was shipped to customers
in States other than the State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
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
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an
appropriate unit.
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
We find, in substantial agreement with a stipulation of the parties,
that all employees of the Company at the Atlanta plant, excluding
clerical employees , tool clerks , stock men, watchmen , guards , the vil-
lage deputy sheriff , and all supervisory employees 2 with authority to
hire , promote, discharge , discipline , or otherwise effect changes in the
status of employees , or effectively recommend such action , constitute a
unit, appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERI\IINATION 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 reported that the Union submitted 765 membership application
cards and that there are 1,204 employees in the alleged appropriate unit.
2 This category includes "third hands" and above
EXPOSITION COTTON MILLS COMPANY 357
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela-
tions 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 Exposition Cotton
Mills Company, Atlanta, Georgia, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) 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, 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
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.