Wadesboro Full-Fashioned Hosiery Mills, Inc.

National Labor Relations Board - Board DecisionsDec 21, 1945

64 N.L.R.B. 1506 (N.L.R.B. 1945)

In the Matter Of WADESBORO FULL-FASHIONED HOSIERY MILLS, INC. and AMERICAN FEDERATION OF HOSIERY WORKERS, C. I. O. Case No. 5-R-2099.-Decided December 01, 1945 Mr. D. E. Hudgins, of Greensboro, N. C., for the Company. Mr. Robert D. Beame, of Charlotte, N. C., for the Union. Mr. Samuel G. HHamailton, 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, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Wadesboro Full-Fashioned Hosiery Mills, Inc., Wadesboro. North Carolina, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice .before George L. Weasler, Trial Examiner. The hearing was held at Greensboro, North Carolina, on October 23, 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 Wadesboro Full-Fashioned Hosiery Mills, Inc., an affiliate of Bur- lington Mills Corporation, is a North Carolina corporation, engaged in the manufacture and sale of full-fashioned hosiery, at its plant in Wadesboro, North Carolina. During the past 12 months the Company purchased raw materials consisting of rayon and cotton 64 N L. R. B., No 245 1506 WADESBORO FULL-FASHIONED HOSIERY MILLS, INC. 1507 yarn, valued in excess of $150,000, of which approximately 75 percent was shipped to the plant from points outside the State of North Caro- lina. During the same period the Company manufactured and sold full-fashioned hosiery valued in excess of $500,000, of which approxi- mately 90 percent was shipped outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED American Federation of Hosiery Workers, affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the collective bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board Agent, introduced into evidence at the hearing, 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 UN IT In substantial accordance with the agreement of the parties and based upon the entire record, we find that all production and mainte- nance employees of the Company, including shipping clerks and assist- ant shipping clerks, stock room employees, yarn distributors, and watchmen-firemen, but excluding all office clerical employees, machine fixers, foremen, foreladies, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- ' The Regional Director repotted that the Union submitted 127 authorization cards; that the names of 119 persons appearing on these cards were listed on the Company's pay roll containing the names of 181 employees in the appropriate unit , 47 cards were dated in Sep- tember 1945 and SO cards were undated The Cmnpauv objects to the Board's reliance on the Regional Director's report on the -rounds that it has no probative value , that it is based on hearsay and self-serving state- ments, and upon an ex par tc examination without affording the Company an opportunity to r i oss-examine the Board's agent making the investigation We find that the Company's con- tentions are without went As we have frequently stated, the submission of cards is an ;