Adams-Millis Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1512 (N.L.R.B. 1944)

In the Matter of ADAMS-MILL IS CORPORATION, PLANT No. 3 and UNITED
TExTILE WoRuERs or AMERICA, A. F. OF L.
r Case No. 5-R-1556.-Decided June 16, 1944
Mr. L. P. McLendon, of Greensboro, N. C., for the Company.
Messrs. Albert W. Cox, D. 0. Garland, and Roosevelt Miller, of High
Point, N. C., for the Union.
-31r. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Textile Workers of America,
A. F. of L., herein called the.Union; alleging that a question affecting
commerce had arisen concerning the representation of employees of
Adams-Millis Corporation, Plant-No. 3, High Point, North Carolina,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before George L.
Weasler, Trial Examiner. Said hearing was held at High, Point,
North Carolina, on May 23, 1944. The Company and the Union ap-
peared,,participated, and 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 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
Adams-Millis Corporation is a North Carolina corporation operat-
ing eight plants in North Carolina. We are-here concerned with its
Plant No. 3 at High Point, North Carolina, where it is engaged in the
manufacture of seamless hosiery. During. 1943, the Company pur-
chased materials valued,in excess of $200,000 for use at Plant No, 3,
b6 N. L. R.' B., No. 271.
1512 -
ADAMS-MILLIS CORPORATION 1513
about 30 percent of which was shipped to it from points outside the
State of North Carolina. During the same period the Company
shipped products valued in excess of $1,300,000, from Plant No. 3,
about 75 percent of which was sent to points outside the State of North
Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile Workers of America is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees at Plant No. 3.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
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 UNIT
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees at Plant No. 3, of the Company,
including watchmen,2 but excluding the order girl, timekeepers, clerks,
office employees, foremen, and any 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 find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union urges that a pay roll as of the date of the hearing be used
to determine eligibility to vote. Inasmuch as no persuasive reason
1 The Field Examiner reported that the Union presented 80 authorization cards. There
are approximately 124 employees in the appropriate unit.
' The watchmen are not armed , uniformed , nor deputized.
1514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appears as to why we should depart from our usual practice, we shall
direct that those eligible to vote, shall be- the employees in the appro-
priate unit who were employed during the pay-rolhperiod immediately
preceding the date of the Direction of Election herein,, subject to the
limitations and additions set forth in the Direction. -
The Union requests that it appear on the, ballot as "Local No. 75,
United Textile Workers of America, A. F. L." The request is hereby"
granted.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Adams-Millis
Corporation, Plant No. 3, High Point, North Carolina, 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 Fifth Re-
gion, 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 Local No. 75,•United Textile Workers of America, A. F. L., for the
purposes of collective bargaining. ,