Inman Mills

National Labor Relations Board - Board Decisions

Sep 22, 1938

8 N.L.R.B. 1224 (N.L.R.B. 1938)

In the Matter of INMAN MILLS and TEXTILE WORKERS ORGANIZING
COMMITTEE
Case No. R-972.Decided September 22, 1938
Cotton Textile Industry-Investigation of Representatives : controversy con-
cerning representation of employees : majority status disputed by employer ;
employer's refusal to grant recognition of union-Unit Appropriate for Col-
lective Bargaining : production and maintenance employees , excluding clerical
and supervisory employees ; stipulation as to-Election Ordered
Mr. Maurice J. Nicoson, for the Board.
Mr. L. W. Perrin, of Spartanburg, S. C., for the Company.
Mr. Cloyd L. Gibson, of Spartanburg, S. C., for the T. W. O. C.
Miss Edna Loeb, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 26, 1938, Textile Workers Organizing Committee, herein
called the T. W. O. C., filed with the Regional Director for the
Tenth Region (Atlanta, Georgia) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Inman Mills, Inman, South Carolina, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On June 23, 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 Regulations-Series
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On July 21, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the T. W. O. C. Pursuant to the notice, a hearing was held on July
28, 1938, at Spartanburg, South Carolina, before Walter Wilbur, the
Trial Examiner duly designated by the Board. The Board and the
Company were represented by counsel, the T. W. O. C. by a repre-
8 N. L. R B ., No. 151.
1224
DECISIONS AND ORDERS 1225
sentative. All participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. There were no
motions nor objections to the admission of evidence made during the
course of the hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY 1
Inman Mills is a South Carolina corporation engaged in the manu-
facture, sale, and distribution of printed cloth, twills, and piques.
Its plant and principal place of business is located in Inman, South
Carolina, where it normally employs approximately 530 persons.
The principal raw material purchased by the Company for its opera-
tions is cotton, 60 per cent of which is shipped to the Company from
points outside of South Carolina. The products manufactured by
the Company amount in value to approximately $24,000 per week.
The majority of these products are first shipped to finishing plants
located in South Carolina and in the New England States. Ninety
per cent of the Company's total production is finally shipped to pur-
chasers outside South Carolina. Sales are made through a sales
agent, Southeastern Cotton, Inc., located in New York City.
H. THE ORGANIZATION INVOLVED
Textile Workers Organizing Committee is a labor organization
affiliated with the Committee for Industrial Organization , admitting
to its membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
In May 1937, the T. W. O. C. began organizing the Company's
employees. On August 9, 1937, the T. W. O. C. sent a letter to the
Company stating that it represented a majority of the Company's
employees and requesting a bargaining conference. The Company
replied by letter dated August 12, 1937, stating :
In accordance with the established policy of the Company we
shall be glad to meet with J. C. Shelton and Roy Erskine or
any other of our employees at any time.
Inasmuch as we do not agree with your statement that a
majority of the employees of Inman Mills are members of the
Textile Workers Organizing Committee of the C. I. 0., we de-
cline your request insofar as your presence is concerned. '
i At the hearing counsel for the Board and counsel for the Company stipulated the facts
set'out in this section.
1226 NATIONAL LABOR RELATIONS BOARD
In its petition and at the hearing the T. W. 0. C. again claimed to
represent a majority of the Company's employees. The Company
stated that since it had no knowledge of the proof of the claim of
the T. W. 0. C. it declined to recognize the T. W. 0. C. as the ex-
clusive collective bargaining representative.
We find that a question has arisen concerning 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
At the hearing it was stipulated by all the parties that the Com-
pany's production and maintenance employees, excluding supervi-
sory and clerical employees, constitute an appropriate bargaining
unit. We see no reason to alter the agreed unit.
We find that the production and maintenance employees of the
Company, excluding clerical and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The T. W. 0. C. introduced no evidence to substantiate its claim to
represent a majority of the Company's employees, other than the testi-
mony of its representative that its claim is founded upon signed
authorizations. The holding of an election by secret ballot is neces-
sary, therefore, to resolve the question concerning representation.
At the hearing it was stipulated by all parties, and we conclude,
that all the employees in the appropriate unit whose names appear
on the pay roll for the pay-roll period including the date April 25,
1938, shall be eligible to vote, excluding those who have since quit or
been discharged for cause. It was also agreed that prior to the elec-
tion the Company would furnish a copy of such pay roll for the
record.
DECISIONS AND ORDERS 1227
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 Inman Mills, Inman, South Carolina,
within the meaning of Section 9 (c) and Section 2 (6) -and (7) of
the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing 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
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Inman Mills, Inman, South Carolina, 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 Di-
rector 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-Series 1, as amended, among all
the production and maintenance employees whose names appear on
the Company's pay roll for the pay-roll period including the date
April 25, 1938, excluding clerical and supervisory employees and ex-
cluding employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Textile
Workers Organizing Committee, for the purposes of collective
bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the
above Decision and Direction of Election.