Granite Finishing Works of Proximity Mfg. Co.

National Labor Relations Board - Board Decisions

May 21, 1938

7 N.L.R.B. 364 (N.L.R.B. 1938)

In the Matter of GRANITE FINISHING WORKS OF PROXIMITY MFG.
COMPANY and TEXTILE WORKERS ORGANIZING COMMITTEE
Case No. R-691.Decided May 21, 1938
Cotton Textile Industry-Investigation of Representatives : controversy con-
cerning representation of employees-Unit Appropriate for Collective Bargaining:
all employees , except supervisory and clerical employees and watchmen ; no
controversy as to=Election Ordered
Mr. Jacob Blum. and Mr. Samuel W. Spencer, for the Board.
Mr. L. P. McLendon, of Greensboro, N. C., for the Company.
Mr. Frank J. Ward, of Burlington, N. C., for the Union.
Mr. Arnold R. Cutler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 15, 1937, Textile Workers Organizing Committee,
herein called the Union, filed with the Regional Director for the Fifth
Region (Baltimore, Maryland) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Granite Finishing Works of Proximity Mfg. Company,
Hall River, North Carolina, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On February 18, 1938, 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 March 5, 1938, 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 March 17, 1938,
at Graham, North Carolina, a place other than that specified in the
notice but at which all the parties were present and participated, before
E. R. Strempel, the Trial Examiner duly designated by the Board.
364
DECISIONS AND ORDERS 365
The Board and the Company were represented by counsel, and the
Union by a representative. Full opportunity to be heard, to examine
and to cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. At the commencement of the hear-
ing counsel for the Company made a motion, which was renewed at
the close of the hearing, to dismiss the petition on the ground that
it was prematurely filed since no question affecting commerce had
arisen concerning the representation of employees of the Company
at the Granite Finishing Works. The Trial Examiner reserved the
determination of this motion for the Board. The motion is hereby'
denied. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of evi-
dence. 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
I. THE BUSINESS OF THE COMPANY
The Company is a corporation organized under the laws of the
State of North Carolina and maintains its principal office at Greens-
boro, North Carolina. It operates several mills, only one of which, the
Granite Finishing Works; at Hall River, North Carolina, is involved
in this proceeding. The Granite Finishing Works is hereinafter
referred to as the mill. The Company is engaged in the manufacture
of corduroys at the mill.
The principal. raw material used at the mill is unbleached and
undyed cotton cloth known as grey goods, all of which is purchased
in North Carolina. Other materials used at the, mill are purchased
from without the State, such as dyestuffs from New Jersey, starch
from Iowa, dextrine from Illinois, and manufactured parts from
Massachusetts.
The average production at the mill is 250,000 yards of finished
cloth per month. The average value of its monthly production of
finished goods is approximately $100,000. Approximately 95 per
cent of its finished products are shipped out of the State of North
Carolina.
On March 2, 1938, the Company employed 134 employees at the
mill, exclusive of supervisory and clerical employees and watchmen.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization, admitting
366 NATIONAL LABOR RELATIONS BOARD
to membership all employees of the Company at the mill, exclusive
of supervisory and clerical employees and watchmen.
III. THE QUESTION CONCERNING REPRESENTATION
On January 31, 1938, the Union sent a letter to the Company
requesting a conference for the purpose of discussing an agreement
relating to recognition of the Union, wages, hours, and other condi-
tions of employment. The Company replied by letter that the pro-
posed conference was useless in view of the fact that the petition
herein had already been filed with the Regional Director.
We find that a question has arisen concerning the representation
of employees of the Company at the mill.
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 claims that all employees of the Company at the mill,
excluding supervisory and clerical employees and watchmen, con-
stitute a unit appropriate for the purposes of collective bargaining.
The Company did not object to this unit and made no claim for a
different unit.
We find that all the employees of the Company at the Granite
Finishing Works mill, excluding supervisory and clerical employees
and watchmen, constitute a unit appropriate for the purposes of
collective bargaining and that said unit will insure to employees of
the Company at the Granite Finishing Works mill the full benefit of
their right to self-organization and collective bargaining and other-
wise effectuate the policies of the Act. -
VI. THE DETERMINATION OF REPRESENTATIVES
On March 2, 1938, there were 134 employees, exclusive of super-
visory and clerical employees and watchmen, employed by the Com-
pany at the mill. Of these 134 employees the Union claimed to
represent from 90 to 100. The Union supported its claim by the
oral testimony of its representative. The Union neither gave the
DECISIONS AND ORDERS 367
names of its claimed members nor introduced into evidence member-
ship or application cards.
We find that the question which has arisen concerning the repre-
sentation of employees can best be resolved by the holding of an
election by secret ballot.
The Union requested that, in the event that the Board directed
an election, the Company's pay roll at the time of the filing of the
petition be used in determining eligibility to vote. The Company
made no objection. Accordingly, those eligible to vote shall be
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding December 15, 1937, the
date of the filing of the petition, excluding those Who have since
quit or have been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Proximity Mfg. Company at its Granite
Finishing Works mill, Hall River, North Carolina, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7), of the National Labor
Relations Act.
2. All the employees of the Company at its Granite Finishing
Works mill, Hall River, North Carolina, exclusive of supervisory
and clerical employees and watchmen, constitute a unit appropriate
for the purposes of collective 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 Rela-
tions Act, 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 a part of the investigation ordered by the Board
to ascertain representatives for, the purposes of collective bargaining
with Proximity Mfg. Company, at its Granite Finishing Works mill,
Hall River, North Carolina, an election by secret ballot shall be
conducted within twenty (20) days from the date of this Direction,
under the direction and supervision of the Regional Director for
the Fifth 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 all the employees of Proximity Mfg.
368 NATIONAL LABOR RELATIONS BOARD
Company at its' Granite Finishing Works mill, Hall River, North
Carolina, who were employed by the Company during the pay-roll
period immediately preceding December 15, 1937, excluding super-
visory and clerical employees and watchmen, and those who have
since quit or have been discharged for cause, to determine whether
or not they desire to be represented by Textile Workers Organizing
Committee for the purposes of collective bargaining.
[SAME TITLE]
'AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
June 2, 1938
On May 21, 1938, the National Labor Relations Board ' issued its
Decision and Direction of Election in the above-entitled proceeding.
In accordance with the transcript of the testimony, the Decision and
Direction of Election referred to the Granite Finishing Works mill
as located at Hall River, North Carolina. It appears that the designa-
tion of the location of the mill was incorrectly reported in the tran-
script by the stenographer, the mill being located at Haw River.
Accordingly, the Board hereby amends its Decision and Direction of
Election issued on May 21, 1938, by striking therefrom the words
"Hall River," wherever they appear, and substituting- therefor the
words "Haw River."
[SAME TITLE] i
CERTIFICATION OF REPRESENTATIVES
June ^?7, 1938
On May 21, 1938, the National Labor Relations Board , herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. On June 2, 1938, the Board issued an Amend-
ment to Decision and Direction of Election. The Direction of Elec-
tion, as amended, directed that an election by secret ballot be con-
ducted within twenty (20) days from the date of the Direction among
all the employees of Proximity Manufacturing Company at its
Granite Finishing Works mill, Haw River, North Carolina, who
were employed by the Company during the pay-roll period immedi-
ately preceding December 15, 1937, excluding supervisory and clerical
employees and watchmen, and those who had since quit or had been
discharged for cause, to determine whether or not they desired to be
represented by Textile Workers Organizing Committee for the pur-
pose of collective bargaining.
DECISIONS AND ORDERS 369
Pursuant to this Decision and Direction of Election, as amended,
an election .by secret ballot was conducted on June 9, 1938, at Haw
River, North Carolina, under the direction and supervision of
William M. Aicher, Acting Regional Director for the Fifth Region
(Baltimore, Maryland). Full opportunity was accorded to all of the
parties to this investigation to participate in the conduct of the secret
ballot and to make challenges. On Jude 10, 1938, the said Acting
Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, issued and duly served upon the parties his Intermediate
Report on the ballot. No objections or exceptions to the Intermediate
Report have been filed by any of the parties.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total employees eligible------------------------------------- 129
Total number of ballots cast--------------------------------- 127
Ballots cast for Textile Workers Organizing Committee-------- 71
Ballots cast against Textile Workers Organizing Committee-_ 56
Challenged ballots------------------------------------------ 0
Blank ballots---------------------------------------------- 0
Void ballots------------------------------------------------ 0
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT is HEREBY CERTIFIED that Textile Workers Organizing Committee
has been designated and selected by a majority of all the employees
of Proximity Manufacturing Company at its Granite Finishing
Works mill, Haw River, North Carolina, excluding supervisory
and clerical employees and watchmen, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the National Labor Relations Act, Textile Workers Or-
#anizing Committee is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment. '