Corsicana Cotton Mills

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1401 (N.L.R.B. 1944)

In the Matter'of CORSICANA COTTON MILLS and' AMERICAN, FEDERATION
OF LABOR
Case No. 16-R-929.Decided June 15, 1944
Mr. Sydney L. Samruels, of Fort Worth, Tex., and Mr. Otto 'S.
Smith, of Corsicana, Tex., for the Company.
Mr. A. F. Cadena, of San Antonio, Tex., Mr. C. L. Mulholland, of
Dallas, Tex., and Messrs. A. M. Potts and Harry Quinn., of Corsicana,
Tex., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon, petition duly filed by American Federation of Labor, herein
called the Union, alleging' that a question affecting commerce had
arisen concerning the representation of employees of Corsicana Cotton
Mills, Corsicana, Texas, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Milton A. Nixon, Trial Examiner. Said hearing
was held at Fort Worth, Texas, on May 29, 1944. The Company 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
Corsicana Cotton Mills is a Texas corporation with its principal
place of business at Corsicana, Texas, where it is engaged in the
manufacture and'sale of cotton duck. During the 12-month period
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1401
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ending, April 29, 1944, the Company purchased raw materials valued
in excess of $1,000,000; approximately 3 percent of which was shipped
to it from points outside the State of Texas. During the same period
the Company manufactured, products valued in excess of $2,500,000,
approximately 90 percent of which was shipped to points outside the
State of Texas. The Company admits that it is engaged in commerce
within the meaning, of the National Labor. Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Labor is a labor organization, admitting
to membership employees of the Company.
III. THE QUESTION, CONCERNING REPRESENTATION
On April 28, 1944, the Union requested the Company to recognize
it as'the exclusive collective bargaining representative of the Com-
pany's employees. 1 The Company, refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates 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
]
We find, in substantial' agreement with a stipulation of the parties,
that all production'and maintenance employees of the Company, ex-
eluding office employees and all supervisory employees with 'authority
to hire, promote, discharge, discipline, or otherwise, effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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 means -of' an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein,, subject 'to the limitations and additions set forth in
the Direction. I
i The Field Examiner reported that the Urilon presented 175 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of April 22 , 1944 There are approximately 405 employees in the appropriate unit.
CORSICANA COTTON MILLS 1403
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 Rela-
tions 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 Corsicana Cotton
Mills, Corsicana, Texas, 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 Sixteenth Region, acting in this matter as agent for
the National'Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 American Federation
of Labor,"for the purposes of collective bargaining. -