Monarch Mills

National Labor Relations Board - Board DecisionsJun 25, 1942

41 N.L.R.B. 1248 (N.L.R.B. 1942)

In the Matter Of MONARCH MILLS, OTTARAY PLANT and UNITED TEx- TILE WORKERS OF AMERICA, A: F. L. Case No. B-3.917.-Decided June 05 , 1942 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 : all production and maintenance employees, at one of the Company's plants, excluding overseers, secondhands, office and clerical employees, executives, and certain building extension em- ployees ; stipulation as to. Mr. M. G. McDonald, of-Greenwood, S. C., for the Company. Mr. Robert W. Donnahoo and Mr: Alfred B. Jones, of Spartans-" burg; S. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed- by United Textile Workers of ' America, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Monarch Mills, Union, South Carolina, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Greenville, South Carolina, on June 2, 1942. The Company and the Union 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 : FINDINGS OF FACT 1. THE I USTNESS OF THE COMPANY Monarch Mills is a South Carolina corporation with its principal office and place of business at Union, South Carolina, where it is 41 N L R., B., No. 230. F 1248 MONARCH MILLS, OTTARAY PLANT 1249 engaged in the manufacture of cotton print cloth. We are here concerned with its Ottaray Plant, where it employs about 275 persons. The Company purchases raw materials valued at about $735,000.00 annually for use at its Ottaray Plant, approximately 90 percent of which is shipped to it from outside South Carolina. The Ottaray Plant produces finished products valued at $1,600,000.00 annually, about 90 percent of which is shipped out of South Carolina. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Textile Workers of America is a labor organization affili- ated with the American Federation of Labor, admitting to member- ship employees of the Company. - III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive representative of the employees at the Ottaray Plant until such time as the Union is certified by the Board. A statement of an agent of the Board, introduced into evidence during the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate., 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Ottaray Plant of the Company, excluding overseers, secondhands, office and clerical em- ployees, executives, and building extension employees who work under George Cofield, 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 find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The 3 The Board's agent reported that the Union presented 124 membership application cards, 83 of which bore apparently genuine signatures of persons whose names appear on the Company ' s pay roll of May 30, 1942 . There are approximately 268 employees in the unit hereinafter found to be appiopiiate - 463892-42-vol 41-79 .1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union urges that a pay roll as of the date of its petition be used to determine eligibility to vote. The Company contends that a current -pay roll should be used for that purpose. In accordance with our usual practice, we shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The parties agreed at the hearing, and we find, that employees working in the Ottaray Plant on a temporary basis shall be ineligible to vote in the election and that regular employees of the Ottaray Plant on temporary assignment elsewhere in the Company's opera- tions shall be eligible to vote. 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 2, as amended, it is hereby DIREOTED that , as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Monarch .Mills , Union, 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 at the Company 's Ottaray Plant during the pay-roll period immediately preceding the date of this Direction, including regular employees of the Ottaray Plant on temporary assignment elsewhere in the Company 's operations and employees who did not work during such 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 employees at the Ottaray Plant on a temporary basis and employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by United Textile Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining.