Nebel Knitting Co., Inc.

National Labor Relations Board - Board DecisionsMay 24, 1940

23 N.L.R.B. 1155 (N.L.R.B. 1940)

In the Matter of NEBEL KNITTING COMPANY, INC. and AMERICAN FEDERATION OF HOSIERY WORKERS Case No. R-1832.-Decided May 04, 1940 Hosiery , Manufacturing Industry-Investigation of Representatives : contro- versy concerning representation of employees : stipulation as to ; strike cur- rent-Unit Appropriate for Collective Bargaining : all production and mainte- nance employees of the Company at its Charlotte , N. C., mills, excluding super- visory and clerical employees ; no controversy as to-Representatives : proof of choice : disagreement between company and sole union involved-Election Ordered: eligibility for voting governed by pay-roll preceding strike. Mr. Charles Y. Latimer, for the Board. Guthrie, Pierce, and Blakeney, by Whiteford S. Blakeney, of Char- lotte, N. C., for the Company. Mr. Henry I. Adams, of Charlotte, N. C., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 24, 1940, American Federation of Hosiery Workers, herein called the Union, filed a petition with the Regional Director for the Fifth Region (Baltimore, Maryland), alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Nebel Knitting Company, Inc., Charlotte, North Caro- lina, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On April 30, 1940, 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 Regu- lations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 1, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on May 9, 1940, at Char- -23 N. L. R. B., No. 120. 1155 ' 1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ]Otte, North Carolina, before Edward Grandison Smith, the Trial Examiner duly appointed by the Board. The Board and the Com- pany were represented by counsel and the Union by its district man- ager for North Carolina. All parties participated in the hearing and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing the Trial Examiner made several rulings in regard to the admission of evidence. The Board has re- viewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company, Nebel Knitting Company, Inc., is a New Jersey corporation engaged in the manufacture of full-fashioned hosiery at mills located in Charlotte, North Carolina. Its sales office, William Nebel Sales Company, through which all sales are made, is in New York City. During the course of a year the Company uses raw materials, con- sisting of silk, rayon, and cotton, valued in excess of $250,000. The Company obtains its silk from New York importers, rayon from sources in Pennsylvania and New York, and cotton from Pennsyl- vania and North Carolina. The total sales of the Company in the last fiscal year aggregated about $1,300,000. About 80 per cent of these sales were made to customers outside North Carolina. The Company has 4 trade marks. It advertises in "Hosiery and Under- wear Review," a nationally circulated magazine, and in local papers at the request of its customers.' H. THE ORGANIZATION INVOLVED American Federation of Hosiery Workers is a labor organization affiliated with the Congress of Industrial Organizations through Tex- tile Workers' Union of America. It admits to membership all pro- duction and maintenance employees of the Company, excluding office and supervisory employees. III. THE QUESTION CONCERNING REPRESENTATION On April 5, 1940, a strike, voted unanimously at a meeting of about 200 employees held on April 2, 1940,- began at the Company's No. 1 1 See National Labor Relations Board v . Nebel Knittrong Company, Inc., 103 F. (2d) 594 (C. C A 4), enf'g as mod . Matter of Nebel Knitting Company , Inc. and American Federa- tion of Hosiery Workers , 0 N. L R . B. 284. NEBEL KNITTING COMPANY, INC. 1157 mill in Charlotte. By April 8 the strike extended to all three of the Company's mills in Charlotte. As a result, the mills ceased operation. At the time of the hearing, May 9, the strike was still in progress and the mills had not resumed operation. All parties stipulated, and we find, that a question has arisen con- cerning the 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 The Union alleges that all production and maintenance employees of the Company at its Charlotte, North Carolina, mills, excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. The Company operates three hosiery mills at Charlotte, North Carolina, known as Mills No. 1, No. 2, and No. 3. Mill No. 1 is a two-story brick building in which the processes of legging, footing, and topping stockings take place. Mills No. 2 and No. 3, located about a half block from Mill No. 1, are both in one building, No. 3 being but an extension of No. 2. Mills No. 2 and No. 3, in addition to carrying on the same processes as Mill No. 1, are engaged in looping, seaming, inspection of grey goods, mending, dyeing, boarding, final inspection, packing, storing, and shipping. The Union has organized employees in all three mills. The Company does not oppose the unit alleged in the petition nor does it suggest any other unit. We find that all production and maintenance employees of the Company at its Charlotte, North Carolina, mills, excluding clerical and supervisory employees, constitute a unit appropriate for the pur- poses of collective bargaining and that said unit will insure to em- ployees of the Company the full benefit of their right to self-organi- zation and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION ' OF REPRESENTATIVES At the hearing the Union introduced evidence in support of its claim that a majority of the employees had designated it as their 283034-41-vol. 23- 74 1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD collective bargaining representative. It requests certification on the basis of this evidence. The Company, however, contests the Union's claim. We find that an election will best resolve the question con- cerning representation.' Those eligible to vote shall be the employees in the appropriate unit on the Company's pay rolls of March 23 and 30, 1940,3 the pay rolls for the periods immediately preceding the strike which began on April 5, 1940, and which was still in progress at the time of the hearing, including those employees whose names are not on such pay rolls because they were ill or on vacation during such pay-roll periods. Upon the basis of the above findings of fact and 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 Nebel Knitting Company, Inc., Charlotte, North Carolina, within the meaning of Section 9 (c) and-=Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Charlotte, North Carolina, mills, excluding clerical and super- visory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning 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 2, 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 Nebel Knitting Company, Inc., Charlotte, North 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 of Election, under the direction and supervision of the Regional Director of the Fifth Region, acting in this matter as agent for the National 2Matter of Armour c6 Company and United Packinghouse Workers, Local Industrial Union No 13 of Packinghouse Workers Organizing Committee , affiliated with C. I. 0., 13 N L R B. 567. - 3 The Company maintains a split pay roll, paying half its employees one week, the other half the following week. Each pay roll covets a two-week period for the employees listed The names of employees who do not work during any pay-roll period do not appear on that pay roll NEBEL KNITTING COMPANY, INC. 1159 Labor Relations Board, and pursuant to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company at its Charlotte, North Carolina, mills, whose names appear on the Company's pay rolls of March 23 and 30, 1940, including those employees whose names do not appear on such pay rolls because they were ill or on vacation during such pay-roll periods, but excluding supervisory and clerical employees, to deter- mine whether or not they desire to be represented by American Federation of Hosiery Workers for the purposes of collective bargaining.