Dwight Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 20, 1939

16 N.L.R.B. 201 (N.L.R.B. 1939)

In the Matter of DWIGHT MANUFACTURING COMPANY and LOCAL No.
1878, OF UNITED TEXTILE WORKERS OF AMERICA
Case No. R-9
ORDER
October 20, 1939
On November 4, 1935, Local No. 1878, United Textile Workers of
America, herein called Local No. 1878, filed with the Regional
Director for the Tenth Region (Atlanta, Georgia) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Dwight Manufacturing Company, Gads-
den, Alabama, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449. On November 14,
1935, the National Labor Relations Board, herein called the Board,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing on due notice.
Pursuant to notice duly served, a hearing was held on January 2, 3,
4, 6, and 7, 1936, before a Trial Examiner duly designated by the
Board. Dwight Employees Association, herein called the Associa-
tion, and eight individual employees of the Company intervened in
the proceeding and opposed the holding of an election by the Board.
On March 9, 1936, the Board issued a Decision and a Direction of
Election,1 and on March 16, 1936, issued an Amended Direction of
Election.2 The Amended Direction of Election directed that an
election by secret ballot be held among certain employees of the
Company to determine whether they desired to be represented by
the Association or by Local No. 1878, such election to be held within
10 days after the production by the Company of its pay-roll lists.
On April 26, 1937, after the termination of certain litigation concern-
ing this proceeding, pending which no action had been taken pur-
suant to the Amended Direction of Election, Textile Workers'
Organizing Committee, on behalf of Local No. 1878, requested the
11 N. L. R . B. 309.
21 N. L. R. B. 315.
16 N. L. R. B., No. 23.
201
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board to defer action in the case indefinitely. On September 22,
1939, Textile Workers Union of America, which claims to be the
successor of the international union with which Local No. 1878 was
affiliated, filed with the Regional Director a request for the with-
drawal of the said petition without prejudice. No other organiza-
tion has asked the Board to continue its investigation of representa-
tives. Under these circumstances, and in view of the time which
has elapsed since the issuance of the Amended Direction of Election,
the Board sees no reason why the request of Textile Workers Union
of America should not be granted.
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
Relations Board Rules and Regulations-Series 2,
IT IS HEREBY ORDERED that leave be, and it hereby is, granted for
the withdrawal of the petition for investigation and certification of
representatives of employees of Dwight Manufacturing Company,
Gadsden, Alabama, filed by Local No. 1878, United Textile Workers
of America, on November 4, 1935, and the said petition is hereby
deemed to have been withdrawn, without prejudice;
AND IT IS FURTHER ORDERED that the said order of November 14,.
1935, the hearing held on January 2, 3, 4, 6 and 7, 1936, the Decision
and the Direction of Election issued on March 9, 1936, the Amended
Direction of Election issued on March 16, 1936, and all other pro-
ceedings before the Board taken pursuant to the said petition be, and
they hereby are, vacated and set aside, and that this case be, and it
hereby is, closed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Order.