Broad River Mills

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1003 (N.L.R.B. 1943)

In the Matter of BROAD RIVER MILLS and TEXTILE WORKERS UNION OF
AMERICA, C. I. O.
Case No. R-551&.Decided June 30,1943
M L. W. Perrin , of Spartanburg , S. C., for the Company. '
Mr. C. D. Puckett , of Gaffney , S. C., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE `CASE
Upon petition duly filed by Textile Workers Union of America,
affiliated with the Congress of Industrial' Organizations, herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Broad River Mills,
Blacksburg, South Carolina, 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 Spartanburg, South Carolina, on June 16, 1943. The Com-
pany, and the ,Union 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 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 - -
The Broad River Mills, a South Carolina corporation with its
principal place of business at Blacksburg, South Carolina, is engaged
in the manufacture'of various types of cotton goods. During 1942,
the Company purchased cotton valued at approximately $960,000,
more than 50 percent of which was shipped to the Company from
50 N. L. R. B., No. 145.
1003
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1004 DECISIONS OF 'NATIONAL LABOR RELA'TIONS' BOARD
points outside the State of South Carolina. During the' same period
the Company's sales amounted,to approximately $1,200,000, of which
approximately 80 percent was transported to points outside the State
of South Carolina. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Textile Workers Union of America, raffiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 4, 1943, the Union requested recognition as the exclusive
bargaining representative of the Company's employees. The Com-
pany refused the request in the absence of a certification by the Board.
The record reveals that the Union `represents a substantial 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 I
The parties agree'thf t all production and maintenance employees,
including outside employees and watchmen, but excluding executives,
superintendents, overseers, second-hands, and clerical employees, con-
stitute an appropriate unit. We find that all,production and mainte-
nance employees of the Company, including outside employees and
watchmen, but excluding executives, superintendents, overseers, sec-
ond-hands and other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, and, clerical em-
ployees, 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
On June 2, 1943, the Company's spinners and doffers went on strike.
The mill continued to run 'for a day or two after the strike, but since
that time it has been completely shut down. The Company objects
to the holding of an election until the employees return to work; and
in the event of an election, contends that only those employees who
have returned to work should be eligible to vote. We shall follow our
policy of directing that the question concerning representation which
' A Field Examiner of the Board reported that the union submitted 87 designations, all
bearing apparently genuine original signatures , of which 84 are the names of persons on
the Company 's pay roll of June 5, 1 943, which lists 253 persons in the appropriate unit.
Of the 84 cards , all bear dates of June 1943.
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BROAD RIVER MILLS 1005
has arisen be resol`,ed by an election by secret ballot. As there is no
evidence to indicate that new employees have been hired to take the
place of the employees on strike, we shall direct that the employees
eligible to vote in the election shall be those employees within the ap-'
propriate unit who were employed by the Company during the pay-
roll period immediately preceding the date of the strike, June 2, 1943,
subject to the limitations and additions as are set forth in the Direc-
tion hereinafter.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Bard 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Broad River Mills,
Blacksburg, South Carolina, an' election by secret ballot shall be con-
ducted 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,
Section 10, 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 the
strike, June 2,1943, 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, 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.
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See afatter o f Armour & Co , 36 N. L R B 306 '
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