Richmond Hosiery Mills

National Labor Relations Board - Board Decisions

Jul 27, 1945

62 N.L.R.B. 1481 (N.L.R.B. 1945)

In the Matter of RICHMOND HOSIERY MILLS and AMERICAN FEDERATION
OF HOSIERY WORKERS, AFFILIATED WITH THE C. I. O. THROUGH TEXTILE
WORKERS UNION OF AMERICA
Case No. 10-R-1475.-Decided July 27, 1945
Messrs. Vance King and E. W. McMillin, both of Rossville, Ga., for
the Company.
Messrs. Herbert G. B. King and Sonnie Davis, both of Chattanooga,
Tenn., for the Union.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Hosiery Workers,
herein called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Richmond Hosiery
Mills, Rossville, Georgia, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing 'upon due notice
before Paul S. Kuelthau, Trial Examiner. Said hearing was held at Chat-
tanooga, Tennessee, on May 15, 1945. The Company and the Union
appeared and participated. All parties 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. 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
1. THE BUSINESS OF THE COMPANY
The Richmond Hosiery Mills is a Georgia corporation which is engaged
in the manufacture of hosiery and cotton yarn at its plants located in
Rossville, Georgia. In the hosiery mill it employs about 700 persons and
62 N. L. R. B., No. 206.
1481
1482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the spinning mill approximately 175 employees. In this proceeding we
are only concerned with the employees in the spinnig mill. This mill uses
raw materials, principally cotton, of which 5,000 bales, valued at approxi-
mately $575,000, are purchased annually from the States of Alabama and
Mississippi. The finished product of the spinning mill is yarn, of which
2,000,000 pounds are produced annually, valued at $900,000. Eighty per-
cent of the yarn produced is shipped out of the State of Georgia; the balance
is used by the Company in its hosiery mill operations.
We find that the Company is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers, affiliated with the Congress
of Industrial Organization's through Textile Workers Union of America,
is a labor organization admitting to membership 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, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of employees
in the unit hereinafter found 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
The Union seeks a unit composed of the Company's spinning mill em-
ployees, excluding office and clerical employees, maintenance employees,
watchman, superintendents, foreladies, foremen, assistant foremen, and
all other supervisory employees. The Company does not dispute the general
composition of the unit but contends that a unit of both its hosiery and
spinning mills is appropriate.
The Company's spinning mill, hosiery mill, and office are all located
in one fenced enclosure; the spinning and hosiery mills are connected by
ramps or runways. There is little interchange of employees between the
two mills, since the employees in each mill operate different types of ma-
chinery and the skills employed by then are essentially different, i. e , the
spinning mill employees card and spin raw cotton into yarn, while the
operations in the hosiery mill are necessarily a knitting process.
1 The Field Examiner reported that the Union submitted 121 membership cards; that the names
of 121 persons appeasing on the cards were listed on the Company"s pay ioll of April 20, 1945,
which contained the names of 201 employees in the appropriate unit; and that the cards were dated
43 prior to January 1 , 1945, and 78 subsequent to January 1.
RICHMOND HOSIERY MILLS 1483,
While the foregoing factors indicate the appropriateness of 'a single plant
unit, on the other hand; the employees in both mills are under the same
general supervision, all are hourly rated, and have similar working condi-
tions, thus indicating the properiety of an employer-wide unit However,
the Union sought to organize the hosiery workers in the spring of 1944,
but met with little or no success. Since the hosiery workers have evinced
no interest in the Union or collective bargaining,' we are of the opinion
that at this time a unit confined to the employees of the spinning mill is
appropriate $ This finding does not preclude future reconsideration of the
appropriateness of a larger unit should organization of the Company's _
employees be extended to the hosiery mill.
We find that all employees of the Company's spinning mill, excluding
office and clerical employees, general plant maintenance employees, watch-
men, superintendents, foreladies, foremen, assistant foremen, and all or
any other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the pur-
poses 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 employees in
the appropriate unit who were employed during the pay-roll period innnne-
diately 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Richmond Hosiery Mills
of Rossville, Georgia, 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
VA representative of the Union testified that in the campaign to organize the hosiery workers
15 employees signed cards and that since the workers were not interested the Union had abandoned
any further effort to organize the hosiery mill.
8 See Matter of Newnan Cotton Mills, 57 N L. R B 917, Matter of Newnan Cotton Mills, 58
N. L R B. 637; Matter of McCarty Manufacturing Co, 59 N L. R. B 1244; Matter of McCarty
Manufacturing Co, 61 N. L R. B. 443.
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 im-
mediately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on vaca-
tion 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 deter-
mine whether or not they desire to be represented by American Federation
of Hosiery Workers, affiliated with the C. 1. 0. through Textile Workers
Union of America, for the purposes of collective bargaining.'
' The request of the Union to he designated on the ballot otherwise than hereinafter set forth is
hereby referred to the Regional Director to whom the Board has delegated discietionary authority
in matters relating to the conduct of the election.