Hamrick Mills

National Labor Relations Board - Board Decisions

Sep 21, 1942

44 N.L.R.B. 238 (N.L.R.B. 1942)

In the Matter Of HAMRICK MILLS and TEXTILE WORKERS UNION OF
AMERICA, AFFILIATED WITH CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-4212-Decided September 21,1940
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, including watchmen, but excluding supervisory and clerical employees'
and grass cutters.
Mr. Lyman A. Hamrick, of Gaffney, S. C., for the Company.
Mr. Horace P. White, of Gaffney, S. \C., for the C. I. O.
Miss Viola James, 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 Congress of Industrial Organizations, herein called
the C. I. 0., alleging that a question affecting commerce had arisen
concerning the representation of employees of Hamrick Mills, Gaffney,
South Carolina, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Robert F. Koretz, Trial Examiner. Said hearing was held at
Gaffney, South Carolina, on August 27, 1942. The Company and the
C. I. O. appeared, participated, and 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 :
1 United Textile Workers of America , affiliated with the American Federation of Labor,
although served with notice , did not appear.
44 N. L. R. B., No. 43.
238
HAMRICK. MILLS
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
239
Hamrick Mills is a South Carolina corporation, employing approxi-
mately 400 persons, and is engaged in the manufacture of cotton print
cloth. The monthly value of the Company's purchases of raw mate-
rials, consisting principally of 'cotton, starch, and sizing, exceeds
$80,000, more than 50 percent of which is purchased outside the State.
The Company produces each month $100,000 worth of cotton print
cloth, 60 to 70 percent of which is shipped outside the State.
The Company concedes for the purpose of this case that it is engaged
in commerce within the meaning of the National Labor Relations
Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with Congress 'of
Industrial Organizations, is a labor organization admittipg to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 17, April 23, and May 5, ,1942, the C. I. O. requested
recognition as the representative of the employees at both the Ham-
rick and Musgrove Plants. The Company refused the first two re-
quests and did not reply to the third. This proceeding involves only
the employees at 'the Hamrick plant, and the Company takes the
position that it will not bargain until the Union has been certified by
the Board.
A statement of the Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate .2
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
The C. I. O. alleges that all production and maintenance employees,
excluding supervisory and clerical employees, but including watch-
men and grass cutters, constitute an appropriate unit. The Company
2 The Field Examiner reported that the C I. 0 claims to represent 237 employees ;
that it submitted , in support of this claim , 175 membership application cards, bearing
dates from May to August 1942 except 1 which was undated; that apparently genuine
original signatures appeared on all the cards , that 143 - of the 175 cards bore the names
of employees whose names appeared on the Company's pay roll foi the week ending July
18, 1942, which listed 381 persons in the alleged appropn rote unit '
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contends that watchmen and grass cutters, should be excluded from
the unit. The-C. I. 0. admits both watchmen and grass cutters to,
membership and claims that some watchmen are members, though
the exact number so claimed is not shown. It is not shown whether
the grass cutters are members of or have, designated the C. I. 0.
- The Company contends that the watchmen are not a part of the
maintenance employees. They were included in the appropriate unit
of the nearby Limestone Mills, which is controlled by the same inter-
ests as the Hamrick Mills. The Company claims that it did not
contest the inclusion because it was not familiar at that time with the
procedure.of the Act.
There are seven watchmen in, the plant. They patrol the mill at
strategic points, punch keys, watch for fires, sprinkler leakage, or
anything unusual, keep out trespassers, guard property, and maintain
steam during the night. Boilermen maintain steam during the day
for the purpose of operating the slasher which is necessary for the
manufacture of goods. These boilermen are included in the unit.
The watchmen maintain steam at night in order to preserve the plant
from freezing, to blow whistles calling operators to work and td
keep the pumps running for use in case of fire. They, are under the
supervision of the Company's master mechanic. Their hours are
from 10 p. m. to 6 a. m.,- and they are paid by the hour at a wage -
slightly less than the average wage of other employees, who are paid
on both an hourly and piece rate basis. The watchmen are not depu-
tized but are armed. They do not have any supervisory control over
other employees except 'in their line of duty as watchmen over the
premises in preventing fire, trespass, theft, and sabotage. We find
that the duties of the watchmen, as set forth above, indicate that they
perform the customary duties of watchmen, rather than those of a
specialized plant-protection force; accordingly we shall include them
in the appropriate unit.3
The Company contends that the grass cutters are not maintenance
employees and should therefore be excluded. There are two grass
cutters, who were hired in the spring for the purpose of grass cutting
alone; they will probably be laid off in October. Their wages, which
are not shown, are equal to those of the production and maintenance
employees in the lower brackets, and they are paid on an hourly basis.
Although a witness for the C. I. 0. testified that the grass cutters have
on occasion loaded cotton, the Company denied this, and it appears
that the grass cutters at the adjacent Limestone Mills, rather than
those here-involved. haye been used in loading and stacking cotton.-
8 Matter of Illinois Moulding Company and United Furniture and Bedding Workers
Union Local 18-B, of the United Furniture Worl ers-of America, affiliated with th e C. I. 0,
35 N. L. R B. 82T; Matter of MacAndre¢vs d Forbes Company and Licorice and Paper
Employees Association of Camden, Nets Jersey, 39 N. L R B 699.
HAMRICK MILLS 241
Under all the circumstances we shall exclude the two grass cutters from
the unit.
We find that all production and maintenance employees of the
Company, including the watchmen, but excluding supervisory and
clerical employees and the two grass cutters , constitute a unit appro-
priate for the purposes of collective bargaining, within 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-
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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered ' by the Board
to ascertain representatives for the purposes of collective bargaining
with Hamrick Mills , Gaffney, South Carolina , 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, 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
temporarily laid off, but excluding any who have since quit or been
discharged for cause , to determine whether or not they ,desire to be
represented by Textile Workers Union of America, affiliated with
Congress of Industrial Organizations, for the purposes of collective
bargaining. -
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
'487498-42-vol. 44-16