Ingram Spinning Mills

National Labor Relations Board - Board Decisions

Aug 17, 1945

63 N.L.R.B. 394 (N.L.R.B. 1945)

In the Matter of ERNEST JONES & ERNEST JONES, JR., D/B/A INGRAM
SPINNING MILLS and TEXTILE WORKERS UNION OF AMERICA, CIO
Case No. 10-B-1539.-Decided August 17, 1945
Mr. Cecil Sims , of Nashville , Tenn., for the Company.
Mr. TV. J. Tullar and Miss Betty Ann Johnson, both of Nashville,
Tenn., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Textile Workers Union of
America, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Ernest Jones & Ernest Jones, Jr., d/b/a Ingram Spinning Mills,
Nashville, Tennessee, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Dan M. Byrd, Jr., Trial Examiner. Said hearing was held at
Nashville, Tennessee, on July, 28, 1945. The Company and the Union
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
I. THE BUSINESS OF THE COMPANY
Ernest Jones & Ernest Jones, Jr., doing business as Ingram Spin-
ning Mills, is a partnership engaged in the manufacture of merino
yarns, operating an office, plant, and warehouse at Nashville, Ten-
nessee: During the past year, the Company purchased for use at its
63 N. L. R. B., No. 57.
394
INGRAM SPINNING MILLS 395
Tennessee plant raw materials valued in excess of $1,000,000, approxi-
mately 75 percent of which was shipped thereto from points outside
the State of Tennessee. During the same period, the Company's sales
exceeded $1,000,000 in value, 75 percent of which was shipped to points
outside the State of Tennessee.
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, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of certain of its employees
until the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner for'the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accord with the agreement of the parties, we find
that all employees of the Company at its Nashville, Tennessee, mill
and warehouse, including timekeepers and head doff er, but excluding
the gatekeeper, bookkeeper and assistant bookkeeper, stenographers,
pay-roll and bill clerks, superintendents and assistant superintend-
ents, overseers, second hands, master mechanic, head shipping clerk,.
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 action, 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-
I The Field Examiner reported that the Union submitted 161 membership cards, and
that the unit sought by it contained 296 employees.
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ernest Jones &
Ernest Jones, Jr., doing business as Ingram Spinning Mills, Nash-
ville, Tennessee, 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 Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, 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 employees who did, not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, 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.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.