Union Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 1, 1944

55 N.L.R.B. 228 (N.L.R.B. 1944)

In the Matter Of UNION MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA, CIO
Case No. 10-R-1105.-Decided March 1, 1944
Mr. John Wesley Weekes, of Weekes and Candler, Decatur, Ga.,
for the Company.
Mr. R. C. Thomas, of Atlanta , Ga., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon a petition duly filed by Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Union Manufacturing Company, Union Point, Georgia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon 'due notice before Mortimer H. Freeman,
Trial Examiner. Said hearing was held at Union Point, Georgia,
on February 11, 1944. 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.
Union Manufacturing Company, a Georgia corporation, has its
plant and principal place of business at Union Point, Georgia, where
it is engaged in the manufacture and sale of yarn and hosiery. During
the 12 months preceding the hearing herein, the Company used raw
materials, supplies and machinery replacements valued at more than
$250,000, of which about 33 percent in value was received from points
55 N. L. R. B., No. 39.
228
UNION MANUFACTURING COMPANY 229
outside the State of Georgia, and manufactured and sold finished
products valued in excess of $1,000,000, of which about 95 percent was
shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the-National Labor Relations Act.
II. THE ORGANIZATION INVOLVED)
Textile Workers Union of America, affiliated, with the Congress of
Industrial Organizations, is a labor organization admitting to niem-
l;ership employees of the Company..,
III: THE QUESTION CONCERNING REPRESENTATION
The Company his refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees in
effect until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board,agent,.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 1;
The Union'contends that all production and maintenance employees
6f the Company, excluding supervisory, clerical and office employees,
cohstitiite an appropriate unit. While the Company does not affirma-
tively indicate the unit which it considers to be appropriate, stating
that that is a matter for Board determination, it nevertheless opposes
the Union's requested uniHor the reasons that about one-fifth of the
Company's employees are engaged in the .production of yarn and the
balance are engaged in' the manufacture of hosiery, that there is no
community of interest among, such employees and that the Union is
a textile union. -
All the Company's 'production work is performed in •a series of
,contiguous buildings. All operations are under one management;
there is one office for the entire plant. All employees are paid on the
same day, production employees being on a piece-work rate and main-
tenance employees one an hourly rate. The minimum wage is the
same for all. There is one general pay roll. The same-policies are
applicable to all employees. One shipping department and one re-
ceiving department service all operations. Practically all of the yarn
' The Trial Examiner reported that the Union submitted 310 membership application
cards and that the alleged appropriate unit contains 585-persons -
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
produced by the Company is also consumed by it in its other opera-
tions. There is no evidence to support the Company's contention that
a plant-wide unit is inappropriate.
We find that all production and maintenance employees of the
Company, excluding clerical and office employees, and all 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
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 Elec-
tion 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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining, with Union Manu-
facturing Company, Union Point, 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 super-
vision 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, 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 and have not been rehired or reinstated prior to the date
of the election, to determine whether or not they desire to be repre-
sented by Textile Workers Union of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.