Inman Mills

National Labor Relations Board - Board DecisionsSep 22, 1938

8 N.L.R.B. 1224 (N.L.R.B. 1938)

In the Matter of INMAN MILLS and TEXTILE WORKERS ORGANIZING COMMITTEE Case No. R-972.Decided September 22, 1938 Cotton Textile Industry-Investigation of Representatives : controversy con- cerning representation of employees : majority status disputed by employer ; employer's refusal to grant recognition of union-Unit Appropriate for Col- lective Bargaining : production and maintenance employees , excluding clerical and supervisory employees ; stipulation as to-Election Ordered Mr. Maurice J. Nicoson, for the Board. Mr. L. W. Perrin, of Spartanburg, S. C., for the Company. Mr. Cloyd L. Gibson, of Spartanburg, S. C., for the T. W. O. C. Miss Edna Loeb, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 26, 1938, Textile Workers Organizing Committee, herein called the T. W. O. C., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Inman Mills, Inman, South Carolina, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 23, 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 July 21, 1938, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and upon the T. W. O. C. Pursuant to the notice, a hearing was held on July 28, 1938, at Spartanburg, South Carolina, before Walter Wilbur, the Trial Examiner duly designated by the Board. The Board and the Company were represented by counsel, the T. W. O. C. by a repre- 8 N. L. R B ., No. 151. 1224 DECISIONS AND ORDERS 1225 sentative. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. There were no motions nor objections to the admission of evidence made during the course of the hearing. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 1 Inman Mills is a South Carolina corporation engaged in the manu- facture, sale, and distribution of printed cloth, twills, and piques. Its plant and principal place of business is located in Inman, South Carolina, where it normally employs approximately 530 persons. The principal raw material purchased by the Company for its opera- tions is cotton, 60 per cent of which is shipped to the Company from points outside of South Carolina. The products manufactured by the Company amount in value to approximately $24,000 per week. The majority of these products are first shipped to finishing plants located in South Carolina and in the New England States. Ninety per cent of the Company's total production is finally shipped to pur- chasers outside South Carolina. Sales are made through a sales agent, Southeastern Cotton, Inc., located in New York City. H. THE ORGANIZATION INVOLVED Textile Workers Organizing Committee is a labor organization affiliated with the Committee for Industrial Organization , admitting to its membership employees of the Company. HI. THE QUESTION CONCERNING REPRESENTATION In May 1937, the T. W. O. C. began organizing the Company's employees. On August 9, 1937, the T. W. O. C. sent a letter to the Company stating that it represented a majority of the Company's employees and requesting a bargaining conference. The Company replied by letter dated August 12, 1937, stating : In accordance with the established policy of the Company we shall be glad to meet with J. C. Shelton and Roy Erskine or any other of our employees at any time. Inasmuch as we do not agree with your statement that a majority of the employees of Inman Mills are members of the Textile Workers Organizing Committee of the C. I. 0., we de- cline your request insofar as your presence is concerned. ' i At the hearing counsel for the Board and counsel for the Company stipulated the facts set'out in this section. 1226 NATIONAL LABOR RELATIONS BOARD In its petition and at the hearing the T. W. 0. C. again claimed to represent a majority of the Company's employees. The Company stated that since it had no knowledge of the proof of the claim of the T. W. 0. C. it declined to recognize the T. W. 0. C. as the ex- clusive collective bargaining representative. We find that a question has arisen concerning representation of employees of the Company. 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing it was stipulated by all the parties that the Com- pany's production and maintenance employees, excluding supervi- sory and clerical employees, constitute an appropriate bargaining unit. We see no reason to alter the agreed unit. We find that the production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The T. W. 0. C. introduced no evidence to substantiate its claim to represent a majority of the Company's employees, other than the testi- mony of its representative that its claim is founded upon signed authorizations. The holding of an election by secret ballot is neces- sary, therefore, to resolve the question concerning representation. At the hearing it was stipulated by all parties, and we conclude, that all the employees in the appropriate unit whose names appear on the pay roll for the pay-roll period including the date April 25, 1938, shall be eligible to vote, excluding those who have since quit or been discharged for cause. It was also agreed that prior to the elec- tion the Company would furnish a copy of such pay roll for the record. DECISIONS AND ORDERS 1227 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 Inman Mills, Inman, South Carolina, within the meaning of Section 9 (c) and Section 2 (6) -and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company, excluding clerical and supervisory employees, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing 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 part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Inman Mills, Inman, South Carolina, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Di- rector 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-Series 1, as amended, among all the production and maintenance employees whose names appear on the Company's pay roll for the pay-roll period including the date April 25, 1938, excluding clerical and supervisory employees and ex- cluding employees who have since quit or 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. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.