Ingram Spinning Mills

National Labor Relations Board - Board DecisionsAug 17, 1945

63 N.L.R.B. 394 (N.L.R.B. 1945)

In the Matter of ERNEST JONES & ERNEST JONES, JR., D/B/A INGRAM SPINNING MILLS and TEXTILE WORKERS UNION OF AMERICA, CIO Case No. 10-B-1539.-Decided August 17, 1945 Mr. Cecil Sims , of Nashville , Tenn., for the Company. Mr. TV. J. Tullar and Miss Betty Ann Johnson, both of Nashville, Tenn., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Textile Workers Union of America, CIO, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Ernest Jones & Ernest Jones, Jr., d/b/a Ingram Spinning Mills, Nashville, Tennessee, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at Nashville, Tennessee, on July, 28, 1945. The Company and the Union appeared and participated. All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings 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 following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Ernest Jones & Ernest Jones, Jr., doing business as Ingram Spin- ning Mills, is a partnership engaged in the manufacture of merino yarns, operating an office, plant, and warehouse at Nashville, Ten- nessee: During the past year, the Company purchased for use at its 63 N. L. R. B., No. 57. 394 INGRAM SPINNING MILLS 395 Tennessee plant raw materials valued in excess of $1,000,000, approxi- mately 75 percent of which was shipped thereto from points outside the State of Tennessee. During the same period, the Company's sales exceeded $1,000,000 in value, 75 percent of which was shipped to points outside the State of Tennessee. The Company admits 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 the Congress of Industrial Organizations, is a labor organization admitting to mem- bership 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 its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner for'the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found appro- priate' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Substantially in accord with the agreement of the parties, we find that all employees of the Company at its Nashville, Tennessee, mill and warehouse, including timekeepers and head doff er, but excluding the gatekeeper, bookkeeper and assistant bookkeeper, stenographers, pay-roll and bill clerks, superintendents and assistant superintend- ents, overseers, second hands, master mechanic, head shipping clerk,. and all other supervisory employees 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 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- I The Field Examiner reported that the Union submitted 161 membership cards, and that the unit sought by it contained 296 employees. 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Ernest Jones & Ernest Jones, Jr., doing business as Ingram Spinning Mills, Nash- ville, Tennessee, 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 said pay- roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any 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. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.