Utica Knitting Co.

National Labor Relations Board - Board Decisions

Aug 3, 1938

8 N.L.R.B. 783 (N.L.R.B. 1938)

In the Matter of UTICA KNITTING COMPANY and AMERICAN FEDERA-
TION OF LABOR, LOCAL No. 21500
Case No. R-943.-Decided August 3, 1938
Knitwear Manufacturing Industry-Investigation of Representatives: con-
troversy concerning representation of employees-Contract : no bar to investi-
gation, where period to terminate by giving notice is almost at hand-Unit
Appropriate for Collective Bargaining : production and maintenance employees,
excluding clerical and supervisory employees ; stipulation as to-Election
Ordered-Certification of Representatives.
Mr. Maurice J. Nicoson, for the Board.
Mr. Niel P. Sterne, and Mr. Fred L. Blackman, of Anniston, Ala.,
for the Company.
Mr. J. J. King, of Atlanta, Ga., Mr. Sam Roper, of Birmingham,
Ala., and Mr. Charles F. Douglas, of Anniston, Ala., for the
A. F. of L.
Mr. Herbert G. B. King, of Chattanooga, Tenn., for the T. W. O. C.
Xr. William B. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 20, 1938, the American Federation of Labor, Local No.
21500, herein called the A. F. of L., filed with the Regional Director
for the Tenth Region (Atlanta, Georgia) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Utica Knitting Company, Anniston, Alabama,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June
29, 1938, 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 Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing uponedue notice.
8 N. L. R. B., No. 91.
783
784 NATIONAL LABOR RELATIONS BOARD
On July 7, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
A. F. of L., and upon Textile Workers Organizing Committee, herein
called the T. W. 0. C., a labor organization claiming to represent em-
ployees directly affected by the investigation. Pursuant to the notice,
a hearing was held on July 14, 1938, at Anniston, Alabama, before
Peter F. Ward, the Trial Examiner duly designated by the Board.
At the hearing the T. W. 0. C. filed a petition to be permitted to
intervene in the proceedings in accordance with Article II, Section
19, of said Rules and Regulations. This petition was granted by
the Trial Examiner. We affirm this ruling. The Board, the Com-
pany, and the T. W. 0. C. were represented by counsel and the
A. F. of L. by its officials, and all parties participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, 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 objections to the admission of
evidence. 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
I. THE BUSINESS OF THE COMPANY
Utica Knitting Company is a New York corporation with head
offices in New York. It operates nine mills, eight of which are
located in the State of New York and the ninth at Anniston, Ala-
bama. The plants are engaged in the manufacture, sale, and dis-
I ribution of knit underwear, and knit outerwear, such as sweaters
and bathing suits. In 1936 the Company in all its plants produced
four per cent of all the knitwear goods produced in the United
States.
This proceeding is -concerned solely with the employees of the
Anniston mill. It normally employs about 575 workers. In 1937
it produced 431,000 dozen garments of the value of $1,251,000. These
operations involved the use of 2,266,000 pounds of yarn, 75 per cent
of which came from the State of New York and the balance from the
State of Alabama. Ninety-five per cent of the goods produced in the
Anniston plant are sold and distributed outside of the State of
Alabama.
H. THE ORGANIZATIONS INVOLVED
Local No. 21500, American Federation of Labor, is a labor organi-
zation, admitting to its membership all employees of the Company,
except clerical and supervisory employees.
DECISIONS AND ORDERS 785
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization, likewise
admitting to membership all employees of the Company, except cleri-
cal and supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
On October 1, 1937, the Company and the T. W. O. C. entered into
an agreement whereby the T. W. O. C. was recognized as the sole
collective bargaining agency for all of the employees of the Com-
pany's plant at Anniston. The contract is for a term of one year,
with the further provision that it shall remain in effect from year
to year thereafter unless either party thereto by 30 days' notice in
writing prior to expiration of any year period advises the other of a
desire,to change, modify, alter, amend or terminate such contract.
Since the initial period of the contract ends on October 1, 1938, it is
not necessary in this case to determine the effect of, the contract on
the question of representation prior to such date. It is clear that the
contract does not preclude the Board from investigating or certify-
ing a bargaining representative for the purpose of negotiating new
agreements for the period following October 1, 1938, if such are
desired.
In the early part of 1938 the A. F. of L. commenced organizational
activities and both the A. F. of L. and the T. W. O. C. now claim to
represent a majority of the employees of the Company.
We find that a question has arisen concerning the 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
The A. F. of L., the T. W. O. C., and the Company stipulated at
the hearing and we find that the production and maintenance em-
ployees of the Company at its Anniston plant, exclusive of clerical
and supervisory employees, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-organi-
786 NATIONAL LABOR RELATIONS BOARD
zation and collective bargaining and otherwise effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company normally employs approximately 575 employees in
the appropriate unit. Both labor organizations claimed to represent
a majority of said employees. In support of its claim, the A. F. of L.
introduced in evidence 305 application cards signed for the most part
in January, February, and March, 1938, and a "statement of pur-
pose" dated July 1, 1938, signed by 249 persons. On the other hand,
the T. W. O. C. offered for identification a "petition of allegiance"
signed during March and April 1938, by 323 persons and introduced
in evidence membership application cards signed during June 1938,
by 299 persons.
Under the circumstances outlined above and in view of the fact,
that there is considerable duplication in the membership claims of the
labor organizations, we conclude that the question which has arisen
concerning representation can best be resolved by an election by
secret ballot.
Evidence was introduced at the hearing that the employees on the
pay roll of the Company do not now work regularly', but are being
alternated in their work because of a slack in production. It was
agreed, however, by all parties that the pay rolls for the last week
in May and for the month of June 1938, would include all employees
of the Company. Eligibility to vote in the election shall, therefore,
be determined on the basis of said pay-roll periods.
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 Utica Knitting Company, Anniston, Ala-
bama, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. The production and maintenance employees of the Company
at its Anniston, Alabama, plant, excluding supervisory and clerical
employees, constitute a unit appropriate for the purposes of collec-
tive 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 Labor
DECISIONS AND ORDERS 787
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as a part of the investigation ordered by the Board
to ascertain representatives for collective bargaining with Utica
Knitting Company, at its Anniston, Alabama, plant, 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, among the production
and maintenance employees of Utica Knitting Company at its Annis-
ton, Alabama, plant, who were employed by it during any or all of the
pay-roll periods for the last week in May and for the month o f
June 1938, excluding supervisory and clerical employees and those
who have since quit or been discharged for cause, to determine whether
they desire to be represented by the Textile Workers Organizing
Committee, affiliated with the Committee for Industrial Organiza-
tion or by Local No. 21500, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
Mil. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Decision and Direction of Election.
[SAME TITLE)
CERTIFICATION OF REPRESENTATIVES
September 24, 1938
On August 3, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. The Direction of Election provided that
an election by secret ballot be held within fifteen (15) days from
the date of the Direction among all production and maintenance
employees of Utica Knitting Company at its Anniston, Alabama,
plant who were employed by it during any or all of the pay-roll
periods for the last week in May 1938, and for the month of June
1938, excluding supervisory and clerical employees and those who
had since quit or been discharged for cause, to determine whether
they desire to be represented by the Textile Workers Organizing Com-
mittee, affiliated with the Committee for Industrial Organization or
by Local No. 21500, affiliated with the American Federation of Labor,
for the purpose of collective bargaining, or by neither.
117213-39-vol. 8--5j
788 NATIONAL LABOR RELATIONS BOARD
Pursuant to the Direction, an election by secret ballot was con-
ducted on August 18, 1938, at Anniston, Alabama, under the direction
and supervision of the Regional Director for the Tenth Region
(Atlanta, Georgia). Full opportunity was accorded to all parties
to participate in the conduct of the secret ballot and to make chal-
lenges. On August 22, 1938, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 1, as amended, issued and duly served upon
the parties to the proceeding his Intermediate Report upon the secret
ballot.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible_______________________________________ 475
Total ballots cast_____________________________-------------------------------------------- 461
Total number of ballots cast for Local No. 21500, affiliated with
American Federation of Labor__ ___________________________ 199
Total number of ballots cast for Textile Workers Organizing
Committee, affiliated with Committee for Industrial Organ-
ization ------- -------------------------------------------- 249
Total number of ballots cast for neither_____________________ 3
Total number of challenged ballots_________________________ 10
Total number of void ballots________________________________ 0
Total number of blank ballots______________________________ 0
On August 31, 1938, the American Federation of Labor filed with
the Regional Director certain objections to the conduct of the ballot
and a motion that the election be set aside and a new election held.
The Board has considered these objections, and finds them to be
without merit. The motion is hereby denied.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that Textile Workers Organizing Committee
has been selected by a majority of all production and maintenance
employees of Utica Knitting Company at its Anniston, Alabama,
plant, excluding clerical and supervisory employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the National Labor Relations Act, Textile Work-
ers Organizing Committee is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
MR. EDWIN S. SMITH took no part in the consideration of the above
Certification of Representatives.
8 N. L. R. B., No. 91a.