Henrietta Mills

National Labor Relations Board - Board Decisions

Sep 16, 1940

27 N.L.R.B. 296 (N.L.R.B. 1940)

In the Matter Of HENRIETTA MILLS (HENRIETTA PLANT) and UNITED
TEXTILE WORKERS OF AMERICA, LOCAL #2081
Case-No. R-1898
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Sapteimber 16, 1940
On July 9, 1940 , the National Labor Relations Board, herein called
the Board , issued its Decision and Direction of Election in the above-
entitled proceeding.' Pursuant to the Direction of Election , an elec-
tion by secret ballot was conducted on July 26; 1940, under the direc-
tion and supervision of the Regional Director for the Fifth Region
(Baltimore, Maryland). On July 29, 1940 , the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report.
The Regional Director reported the following results of the bal-
loting :
Total number of eligible voters____________________________ 397
Total number of ballots cast___________________ 328
Total number of votes for United Textile Workers of America,
Local #2081 (A F of L ) ------------------------------ 171
Total number of votes against United Textile Workers of
America, Local #2081 (A. F of L) ---------------------- 154
Total number of blank ballots______________________________ 0
Total number of void ballots_______________________________ 0
Total number of challenged votes___________________________ 3
On August 2, 1940, Henrietta Mills (Henrietta Plant), Henrietta,
North Carolina, herein called the Company, filed Objections to the
Election Report and the conduct of the ballot alleging inter alia,
that an employee eligible to vote had been wrongfully excluded by
an agent of the Board thus deterring other employees similarly
situated from voting.' The Company also requested leave ' to present
oral argument before the Board. On August 15, 1940, the Regional
1 25 N L R B 254
27N L. R. B, No 61.
296
HEN RIE 1TA MILLS', 297
Director, acting pursuant to Article III, Section 9, of National Labor-
Relations Board Rules and Regulations, issued a Report on Objec-
tions, copies of which were duly served upon the parties, in which
he reported that the employee excluded from voting was, as admitted
by the Company, a supervisory employee, and consequently among
those excluded from the appropriate bargaining unit by the Board
in its Decision and Direction of Election hereinabove referred to.-
The Regional Director also reported as to the other Objections of the
Company to the Election Report and the conduct of the ballot. The
Board has considered the Election Report, the Objections, and the
Report on Objections to the Election Report and finds that the Oh-
jections relating to the Election Report and the conduct of the ballot
do not raise new, substantial, or material issues. Accordingly, we-
hereby sustain the rulings, findings, and recommendations of the-
Regional Director in the Election Report and in his Report on Objec-
tions and deny the request of the Company for oral argument.
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that United Textile Workers of America,
Local #2081, has been designated and selected by a majority of the
production and maintenance employees of Henrietta Mills (Henrietta
Plant), Henrietta, North Carolina, excluding supervisory and clerical
employees, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the National -Labor
Relations Act, United Textile Workers of America, Local #2081,
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.