United Mills Co.

National Labor Relations Board - Board DecisionsOct 29, 1942

45 N.L.R.B. 133 (N.L.R.B. 1942)

In the Matter Of UNITED MILLS COMPANY and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. B-4364.-Decided October 29,1942 Jurisdiction : burlap bag processing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding office, clerical, executive, and supervisory employees ; stipu- lation as to. ' Jackson, Merrick, Nierman & Silbert, by Mr. David Silbert, of Chicago, Ill., for the Company. Mr. Earl T. McGrew, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of United Mills Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rosell, Trial Examiner. Said hearing was held at Chicago, Illinois, on October 8, 1942. The Com- pany and the Union appeared, participated, and 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY United Mills Company is an Illinois corporation with its principal place of business at Chicago, Illinois, where it is engaged in the proc- 45 N. L. R. B., No. 27. 133 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD essing of burlap bags. The Company purchases materials valued at about $75,000 annually, 5 percent of which is shipped to it from out- side Illinois. The Company's sales approximate $100,000 annually, 75 percent of which is derived from the sale of goods shipped out of Illinois. 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 is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During September 1942 the Union requested the Company to recog- nize it as the exclusive representative of the Company's employees. The Company denied this request until such time as the Union is certi- fied by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of the employees in the unit hereinafter found to be 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the. Company, excluding office, clerical, executive, and supervisory employees, 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 Direction of Election herein, subject to the limitations and additions set forth in the Direction. I The Regional Director reported that the Union presented five membership application cards bearing apparently genuine signatures of persons whose names appear on a current pay roll of the Company . There are eight employees in the unit hereinafter found to be appropriate. UNITED MILLS COMPANY DIRECTION OF ELECTION 135 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 the 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 United Mills Com- pany, Chicago, Illinois, 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 for the Thirteenth Region, acting in this matter, as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether or not they-desire to be represented by Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.