American Yarn and Processing Co.

National Labor Relations Board - Board Decisions

Jan 1, 1945

59 N.L.R.B. 1357 (N.L.R.B. 1945)

In the Matter of AMERICAN YARN-AND PROCESSING Co. and TEXTILE
WORKERS UNION OF AMERICA (CIO)
In the Matter of AMERICAN YARN AND PROCESSING CO. and UNITED
TEXTILE WORKERS OF AMERICA (AFL)
Cases Nos. 5-R-1650 and 5-R-1704 respectively.Decided
January 1, 1945
Mr. George B. Mason, of Gastonia, N. C., and Mr. W. H. Suttenfceld,
of Mount Holly, N. C., for the Company.
Messrs. J. H. Fullerton and Purnell Maloney, of Charlotte, N. C.,
for the CIO.
Mr. John O. McGlashan, of Gastonia, N. C., and Mr. Nick Collins,
of Asheville, N. C., for the AFL.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by Textile Workers Union of
America, affiliated with the Congress of Industrial Organizations,
herein called the CIO, and by United Textile Workers of America,
affiliated with the American Federation of Labor, herein called the
AFL, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of American Yarn and Processing
Co., Mount Holly, North Carolina, herein called the Company, the
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Mount Holly, North Carolina,
on November 13, 1944. The parties appeared, 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 an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
59 N. L R B., No. 250.
1357
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COXXANY
The American Yarn and Processing Co., a North Carolina corpora-
tion, with its'principal office and place of business in Mount Holly,
North Carolina, is engaged in the business of producing mercerized
cotton yarn at its four plants, namely, Adrian, Medora, Woodlawn,
and American (also called Processsing), with which the proceeding is
concerned. During the year 1943, the Company purchased raw mate-
rials for use at its Mount Holly plants valued at approximately $200,-
000, of which 95 percent was secured from sources outside the State of
North Carolina. During the same period, the Company produced at
its Mount Holly plants finished products aggregating approximately
$300,000 in value, of which 40 percent was shipped to points outside
the State of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
United Textile Workers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
Ill. THE QUESTION CONCERNING REPRESENTATION
On July 5 and August 10, 1944, the CIO and the AFL, each claiming
that it represents a majority of the employees working at the Adrian
and Medora plantg, and at the Woodlawn and American plants, re-
spectively, requested recognition of the Company as the bargaining
representative of such employees. The Company refused to grant
recognition until the CIO and the AFL have been certified by the
Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO and the AFL represent a substantial num-
ber of employees in the unit hereinafter found appropriate.'
' The Field Examiner reported that the CIO submitted 244 designations which bore
dates between May and July 1944 , in an alleged appropriate unit - consisting of 363 em-
ployees confined to the Company 's Adrian and Medora plants At the hearing the CIO
submitted 14 additional designations . The Company 's pay roll , dated October 29, 1944,
disclosed 421 employees in the unit referred to.
The Field Examiner also reported that the AFL submitted 134 applications for mem-
bership which bore dates between April and September 1944 , in an alleged appropriate
unit cons$sting'of 565'employees at the Company 's Woodlawn and American plants. The
pay roll àbove referr4to'disclosea'637 employees in the unit. - , -
AMERICAN YARN AND PROCESSING CO. 1359
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
The CIO requests a unit confined to the employees in the Company's
Adrian and Medora plants . The Company and the AFL urge the
appropriateness of a unit comprised of the employees at the Com-
pany's four plants, namely , Adrian, Medora, Woodlawn, and Ameri-
can. The parties are in general agreement that the appropriate unit
should consist of all production and maintenance employees , excluding
office and clerical employees , the office janitor in the maintenance de-
partment, section hands, second hands , and all other supervisory em-
ployees.
The Company maintains its principal offices in Mount Holly, North
Carolina , where office and clerical functions are performed for its four
plants. Adrian and Medora are situated adjacent to each other about
a mile from the main office , both under the supervision of a single
superintendent . The remaining two plants , under the supervision of
separate superintendents , are located at a distance of 2 miles from
each other within an area of a mile of the office building.
While Adrian ,,Medora, and Woodlawn function as independent units
in that each is engaged in spinning yarn of different textures, they
employ the same skills and equipment , often utilize each other 's facili-
ties to meet production schedules , and are all dependent upon Ameri-
can for the mercerizing and finishing processes . Similarly , although
each of the four plants is administered independently in that separate
production and accounting records are maintained therefor, Company
policies relating thereto are centrally promulgated . All employees
are subject to the same working conditions , receive substantially the
same wage rates in their respective job classifications , and share in
employer sponsored welfare and social activities . A single personnel
office clears all employees who are hired or transferred , and issues
releases for those discharged by the plant superintendent . Although
the record does not disclose frequent interchange of employees , a trans-
ferred employee retains his accumulated vacation rights and is retained
on the pay roll and social security cards of his former plant until the
end of the fiscal year notwithstanding his status as a new employee in
the plant to which he has been transferred. Moreover , the same group
of maintenance employees services all plants in common , the Com-
pany's trucks transport materials for all plants , and its bus facilities
are at the disposal of all employees. In view of the foregoing con-
siderations , we are of the opinion that the Company 's four plants con-
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1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stitute a single appropriate unit for the purposes of collective bar-
gaining.
Bus drivers and truck drivers: The Company and the AFL would
include, and the CIO would exclude, these employees. The Company
employs nine truck drivers and four bus drivers. The record reveals
that the two truck drivers who appear on Adrian's pay roll transport
material to and from the various plants; that the seven truck drivers
who appear on American's pay roll transport materials from the spin-
ning mills to American, and finished products to the Company's cus=
tomers; and that the four bus drivers who appear on American's pay
roll and are responsible to the person in charge of shipping, transport
employees in Company-owned busses to and from work. Since no
cogent reason appears for their exclusion, we shall include the bus
drivers and the truck drivers in the unit.
We find that all production and maintenance employees at the Com-
pany's Adrian, Medora, Woodlawn, and American plants, Mount
Holly, North Carolina, including the bus drivers and truck drivers,
but excluding office and clerical employees, the office janitor in the
maintenance department, section hands, second hands, and all or any
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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-
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 limitation 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 Rela-
tions 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 American Yarn
and Processing Co., Mount Holly, North Carolina, an election by
secret ballot shall be conducted as early as possible, but not later
AMERICAN YARN AND PROCESSING CO. 1361
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Fifth 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 the 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 they desire to be
represented by Textile Workers Union of America, affiliated with
the Congress of Industrial Organizations, or by United Textile Work=
ers of America, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.