Ingram Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 30, 1938

6 N.L.R.B. 267 (N.L.R.B. 1938)

In the Matter Of INGRAM MANUFACTURING COMPANY and TEXTILE
WORKERS ORGANIZING COMMITTEE
Cases Nos. C-335 and R-234
AMENDMENT TO DIRECTION OF ELECTION
March 30, 1938
On March 11, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in
the above-entitled proceeding, the election to be held within twenty
(20) days from the date of the Direction, under the direction and
supervision of the Regional Director for the Tenth Region (Atlanta,
Georgia). The Board, having been advised that a longer period is
necessary, hereby amends the Direction of Election issued on March
11, 1938, by striking therefrom the words "within twenty (20) days
from the date of this Direction" and substituting therefor the words
"within thirty-five (35) days from the date of this Direction".
` MR. EDWIN S . SMITH took no part in the consideration of the above
Amendment to,Direction of Election.
,SAME TITLE]
SUPPLEMENTAL DECISION
AND
SECOND AMENDMENT TO DIRECTION OF ELECTION
April 8, 1938
On March 11, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Election
in the above-entitled proceeding. On March 30, 1938, the Board
issued an Amendment to Direction of Election extending the period
during which the election could be held.
The Direction of Election, as amended, specified that those eligible
to vote should be those employees of Ingram Manufacturing Com-
pany, herein called the respondent, within the appropriate unit and
on the pay roll during the pay-roll period next preceding the date of
the Direction. On March 30, 1938, Textile Workers Organizing
Committee, herein called the T. W. O. C., petitioned for an amend-
ment to the Direction of Election on the ground that during the
1 5 N. L R. B. 908.
267
268 NATIONAL LABOR RELATIONS BOARD
pay-roll period next preceding the date of the Direction the opera-
tions of the respondent were so greatly reduced as to make the
specified pay roll unrepresentative. In its petition, the T. W. O. C.
requested that December 18, 1937, should be employed as the date
for eligibility. The Board has been advised by the Regional Director
for the Tenth Region (Atlanta, Georgia) that the date of December
18, 1937, is the one most representative of the Company's normal
conditions of production.
On March 30, 1938, the Board was advised by counsel for the
respondent that the ownership of the Rug Department, in which
tufted fabrics such as rugs, bath mats, and bed spreads were manu-
factured, had been transferred to Tennessee Tufting Company and
that the employment of workers in that department by the respondent
had terminated subsequent to the pay-roll date of December 18, 1937,
and that those workers would become employees of Tennessee Tufting
Company beginning the week of April 4, 1938. In its petition of
March 30, 1938, the T. W. O. C. concedes the fact of the transfer
of ownership of the Rug Department and joins in the respondent's
request that employees in the Rug Department be excluded from
those eligible to vote in the election.
In view of the -different conditions which now exist, we find it
necessary to amend our Decision, Order, and Direction of Election,
above referred to, in the following manner :
AMENDMENT OF FINDINGS OF FACT
1. After the fifth paragraph of Section I, entitled "The business
of the respondent", of the Findings of Fact of said Decision, Order,
and Direction of Election, the following additional Finding of Fact
is made :
"Prior to April 4, 1938, the respondent abandoned production in
its Rug Department in which it had previously carried on the manu-
facture of bath mats, rugs, and bed spreads. The operations of the
Rug Department are being carried on in another plant by Tennessee
Tufting Company."
2. The second paragraph of Section VII, entitled "The appropriate
unit", of the Findings of Fact of said Decision, Order, and Direction
of Election, is hereby deleted and the following substituted therefor:
"Prior to April 4,1938, workers in the Rug Department ceased to be
employees of the respondent and will therefore be excluded from the
appropriate unit.
"We find that the production employees of the respondent, excluding
foremen, supervisory employees, and clerical employees, and excluding
also all workers in the Rug Department, constitute a unit appropriate
for the purposes of collective bargaining, and that said unit will insure
to employees of the respondent the full benefit of their right to self-
DECISIONS AND ORDERS 269
organization and collective bargaining and otherwise effectuate the
policies of the Act."
3. The second paragraph of Section VIII , entitled "The determina-
tion of representatives", of the Findings of Fact of said Decision,
Order, and Direction of Election , is hereby deleted and the following
-substituted therefor :
"Those eligible to vote shall be the employees of the respondent in
the appropriate unit who were on the pay roll as of December 18, 1937,
excluding those who have since quit or been discharged for cause
'between such date and the date of election."
AMENDMENT OF CONCLUSIONS OF LAW
The Conclusion of Law marked " 6", of the said Decision , Order,
and Direction of Election , is hereby deleted and the following Conclu-
sion of Law substituted therefor :
"6. The production employees of the respondent , excluding fore-
men, supervisory employees , and clerical employees , and excluding
also all workers in the Rug Department , constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act."
AMENDMENT TO DIRECTION OF ELECTION
The Direction of Election , as amended , above referred to, is hereby
amended by striking therefrom the words "excluding foremen, super-
visory employees , and clerical employees who were employees of the
respondent during the pay-roll period next preceding the date of this
Direction" and substituting therefor the words "who were on the pay
roll as of December 18, 1937, excluding foremen , supervisory employ-
ees, and clerical employees , and those employees who have since quit
or been discharged for cause , and excluding also all workers in the
Rug Department", and by striking therefrom the words "within thirty-
five (35) days from the date of this Direction" and substituting there-
for the words "within fifty (50) days from the date of this Direction".
[SAME TITLE]
THIRD AMENDMENT TO DIRECTION OF ELECTION
April 28, 1938
On March 11, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Order, and Direction of Elec-
tion in the above-entitled proceeding, the election to be held within
twenty (20) days from the date of the Direction, under the direction
270 NATIONAL LABOR RELATIONS BOARD
and supervision of the Regional Director for the Tenth Region
(Atlanta, Georgia). On March 30, 1938, the Board issued an Amend-
ment to Direction of Election in the above-entitled proceeding, the
election to be held within thirty-five (35) days from the date of
the Direction of Election. On April 8, 1938, the Board issued a
Supplemental Decision and Second Amendment to Direction of Elec-
tion in the above-entitled proceeding, the election to be held within
fifty (50) days from the date of the Direction of Election.
The Board, having been advised that a longer period is necessary,
hereby amends the Direction of Election, as amended, by striking
therefrom the words "within fifty (50) days from the date of this
Direction" and substituting therefor the words "within sixty (60)
clays from the date of this Direction."