P. H. Hanes Knitting Co.

National Labor Relations Board - Board Decisions

Sep 18, 1943

52 N.L.R.B. 746 (N.L.R.B. 1943)

In the Matter of P. H. HANES KNITTING COMPANY and UNITED TEXTILE
a WORKERS OF AMERICA (A. F. or L.), LOCAL UNION No. 2607
In the Matter of P. H. HANES KNITTING CoIIPANY and TEXTILE WORK-
ERS UNION OF AMERICA, C. I. O.
Cases Nos . R-5784. and R-5738 respectively.-Decided September 18,
1943
Mr. T. O. Moore, of Winston-Salem, N. C., for the Company.
Messrs. John TV. Pollard and Albert W. Cox, of Spartanburg, S. C.,
for the AFL.
Mr. David L. Moose, of Winston-Salem, N. C., for the CIO.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by United Textile Workers of America,
Local Union No. 2607 (A. F. of L.), herein called the AFL, and by
'Textile Workers Union of America, C. I. 0., herein called the CIO,
-alleging that questions affecting commerce had arisen concerning the
representation of employees of P. H. Hanes Knitting Company, Hanes,
North Carolina, herein called the Company, the National Labor Rela-
tions Board consolidated the petitions and provided for an appropriate
hearing upon due notice 'before Robert A. Levett, Trial Examiner.
Said hearing was held at Winston-Salem, North Carolina, on July 23,
1943. The Company, the AFL, and the CIO appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. At the hearing the, AFL made a motion to withdraw
its petition and to intervene in the proceeding conducted pursuant to
the petition of the CIO. The Trial Examiner referred this motion to
the Board and ordered that the hearing held pursuant to the petition
of the AFL be continued indefinitely. The motion is hereby granted
nuns pro tune in its entirety, and Case No. R-5784 is accordingly con-
sidered withdrawn. The Company made a motion at the hearing to
52 N. L. R. B., No. 130.
746
P. H. HANES KNITTING COMPANY 747
dismiss the petitions herein, which the Trial Examiner referred to the
Board. For reasons hereinafter stated, the motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
:Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
P. H. Hanes Knitting Company, a North Carolina corporation, is
engaged in the manufacture and sale of men's and boys' underwear
and children's sleepers. In the course and conduct of its business, the
Company operates two plants, a knitting and finishing mill located
at Winston-Salem, North Carolina, and a yarn spinning mill located
at Hanes, North Carolina. We are concerned herein with the Hanes
plant of the Company. In the operation of both plants, the Company
annually purchases raw materials consisting principally of cotton and
wool valued in excess of $1,500,000, of which approximately 50 percent
is shipped to the Company from points outside the State of North
Carolina. The finished products of both plants are valued in excess
of $3,000,000 annually, of which approximately 67 percent is shipped
to points outside the State of North Carolina. The finished products
of the Hanes plant alone are valued on an annual basis in excess of
$1,500,000, all of which are used by the Company at its Winston-Salem
plant. The Company admits that its operations are substantially Simi-,
lar to those found by us in a previous case wherein we had exercised
jurisdiction., We find that the Company is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
-Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
United Textile Workers of America, Local Union No. 2607, is a labor
organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 23, 1941, the AFL was certified as the bargaining
representative of the employees herein involved,2 and on November 8
1 Matter of P. H. Hanes Knitting Company, 33 N. L. R. B 824.
2 Matter of P. H. Hanes Knitting Company, 35 N. L. R. B. 714.
7 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'executed a collective bargaining agreement with the Company which,
by its terms , expired November 8, 1942. However, the term of this
contract was extended .by written agreement between the contracting
parties until January 15, 1943 . No subsequent bargaining agreement
has been executed by the Company . On May 3 , 1943, the AFL sub-
mitted a proposed agreement to the Company , and by letter dated
May 5, 1943, the CIO requested recognition as the bargaining repre-
sentative of the employees herein concerned . The Company admits
receipt of the proposed contract and the letter of the CIO, and takes
the position that it does not know with which organization it is to
deal; furthermore , it disagrees , with the scope of the unit proposed
by the CIO.
A statement of the Regional Director, introduced into evidence at
the hearing , indicates that the CIO represents a substantial number
of employees in the unit hereinafter found appropriate.3
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
All parties agree that the production and maintenance employees
of the Company at its Hanes plant, including fixers and card grinders,4
but excluding superintendents, assistant superintendents, overseers,
master mechanics, second hands, office managers, and clerical em-
ployees, constitute an appropriate unit .5
A dispute exists with regard to the inclusion of militarized watch-
men within the unit. Both labor organizations would include watch-
men; s the Company would exclude them. In keeping with our usual'
policy, we shall exclude militarized watchmen from the unit'
The record reveals that in addition to the watchmen there are five
maintenance employees who have been deputized and have taken a
3 The Regional Director reported that the CIO submitted 320 authorization cards, of
which 294 bore the apparently genuine original signatures of persons whose names
appeared upon the Company 's pay roll of May 15, 1943. 'Said pay roll contained the
names of 710 employees.
He further reported that the AFL relies upon its contract with the Company which
expired January 15, 1943, for the establishment of its interest . This contract , according
to the contention of the AFL, has been continued in effect on a month to month basis. The
AFL is the presently certified bargaining representative of the employees involved herein.
' The record discloses that these employees do not possess sufficient indicia of supervisory
status as to warrant their exclusion from the unit.
5 This is substantially similar to the unit previously found appropriate . See footnote 1,
supra.
a The C. I. O. asked , in the alternative , that if the watchmen are not included within
the industrial unit they be found to constitute a separate and distinct unit. In view of
the fact that neither labor organization has indicated any specific showing of representation
among these employees , we find that no question concerning representation has arisen
concerning them, and the request is denied.
' Matter of Dravo Corporation, 52 N. L. R. B. 322, and cases cited therein
P. H. HANES KNITTING COMPANY 749
military oath in order that they might be able to xelieve the watchmen
if the necessity arises. In view of our recently announced policy with
respect to deputized and militarized employees," we are of the opinion
that these employees should not be included within the unit. We shall
therefore exclude them.
Accordingly, we find that all production and maintenance employees
of the Company at its Hanes plant, including fixers and card grinders,
but excluding superintendents, assistant superintendents, overseers,
master mechanics, second hands, office managers, clerical employees,
militarized watchmen and all employees who have taken a military
oath and/or have been militarized as well as 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
The Company made a motion at the hearing to dismiss the petitions
herein on the ground that the CIO had filed charges against it and later
withdrew them "without prejudice." It contended that this was not a
complete withdrawal of the charges and that no representation pro-
ceeding should take place while charges are pending. The Regional
records indicate, however, that there are no charges pending against
the Company. Accordingly, as hereinbefore stated, the motion of the
Company is denied.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with P. H. Hanes Knit-
ting Company, Hanes, 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, under the direction and super-
6 See footnote 7, supra.
750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the Regionil Director for the Fifth 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
those employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by Textile Workers
Union of America, affiliated with the Congress of Industrial Organiza-
tions, or by United Textile Workers of America, Local Union No.
2607, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.