Swift Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 26, 1938

4 N.L.R.B. 1147 (N.L.R.B. 1938)

In the Matter Of SWIFT MANUFACTURING COMPANY and TEXTILE
WORKERS ORGANIZING COMMIT TEE
Case No. R-4,58.-Decided January 26, 1938
Cotton Tevtile Industry-Investigation of Representatives : controversy con-
cerning representation of employees : union claimed to represent majority of
employees but refused to submit membership cards for comparison with pay
roll ; agreement to submit question of representation to Board for decision-
Unit Appropriate for Collective Bargaining : all employees except clerical and
supervisory ; no controversy as to-Election Ordered
Mr. John T. Mahoney, for the Board.
Swift, Pease, Davidson c Swinson, by Mr. J. Q. Davidson and
Mr. W. Edward Swinson, and Battle cC Smith, by Mr. Willis Battle,
all of Columbus, Ga., for the Company.
Dr. Witherspoon Dodge, of Columbus, Ga., for the Union.
Mr. Richard A. Perkins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 27, 1937, Textile Workers Organizing Committee,
herein called the Union, filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation
of employees of Swift Manufacturing Company, Columbus, Georgia,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 27, 1937, 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 November 11, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on
1147
1148 NATIONAL LABOR RELATIONS BOARD
November 26 and 27, 1937, at Columbus, Georgia, before Paul K.
Hennessy, the Trial Examiner duly designated by the Board. The
Board and the Company were represented by counsel and the Union
by one of its officials, and all participated in the hearing. Full
opportunity to be heard, to examine and to cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence. A brief was filed on behalf of the Company. The Board
has reviewed 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
1. THE BUSINESS OF THE COMPANY
Swift Manufacturing Company, a Georgia corporation, operates
a single manufacturing plant at Columbus, Georgia, producing cotton
goods. The principal raw material used is cotton, which the Com=
pany buys on the open market and some of which comes from Ala-
bama. The Company consumed 21,408 bales of cotton in the year
ending March 31, 1937. The Company uses annually from 5,500 to
6,000 tons of coal shipped from Alabama mines. Dyestuffs are ob-
tained from the National Aniline & Chemical Company and the
du Pont Company and shipped from distributing points at Charlotte,
North Carolina, and elsewhere in the South.
The principal processes carried on by the Company are cleaning,
carding, spinning, weaving, and finishing. The Company manu-
factured 9,096,749 pounds of goods during the year ending March 31,
1937. Approximately 90 per cent of the output of the Company is
sold to customers outside of Georgia.
II. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization, admitting
to its membership all mill production employees of the Company,
excluding clerical and supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
Union representatives, claiming to represent a majority of the
Company's employees, had a conference with Company officials and
attorneys on July 28, 1937, and discussed how the question of a
majority might be settled to the satisfaction of the Company. The
DECISIONS AND ORDERS 1149
Union representatives declared the Union would not submit its mem-
bership application cards to the Company for comparison with its
pay roll, and no agreement was reached. Afterwards, the Union by
letter dated August 9, 1937, stated that it would agree to a compari-
son by the Board of membership application cards of the Union
and pay rolls of the Company or would agree to a consent election.
The Company replied August 12, 1937, stating that the matter was
one for decision by the Board.
In its petition the Union alleged that 950 persons within the ap-
propriate unit were employed by the Company and that of this num-
ber 743 were included within its membership. At the hearing, the
Union claimed that about 700 of the employees of the Company were
members of the Union by the middle of July 1937.
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, all parties seemed to agree that all employees of
the Company, exclusive of clerical and supervisory employees, con-
stitute a unit appropriate for the purposes of collective bargaining.
We find that all 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
At the hearing the Union claimed to represent a majority of the
employees in the appropriate unit, but offered no proof.
We find that the question which has arisen concerning the repre-
sentation of employees can best be resolved by holding an election by
secret ballot to determine whether or not the employees wish the
Union to represent them.
1150 NATIONAL LABOR RELATIONS BOARD
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 Swift Manufacturing Company, Colum-
bus, Georgia, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All employees of the Company, 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 La-
bor 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 collective bargaining
with Swift Manufacturing Company, Columbus, Georgia, 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 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-Series 1, as amended,
among all employees of Swift Manufacturing Company who were
employed by the Company during the pay roll period next preceding
September 27, 1937, excluding clerical and supervisory employees
and those who quit or were discharged for cause between such date
and the date of election, to determine whether or not they desire to
be represented by Textile `Yorkers Organizing Committee for the
purposes of collective bargaining.