Gate City Cotton Mills

National Labor Relations Board - Board Decisions

Oct 20, 1939

16 N.L.R.B. 203 (N.L.R.B. 1939)

In the Matter of GATE CITY COTTON MILLS and LOCAL No. 1938,
UNITED TEXTILE WORKERS OF AMERICA
Case No. R-17
ORDER
October 00, 1939
On October 12, 1935, Local No. 1938, United Textile Workers of
America, herein called Local No. 1938, filed with the Regional Direc-
tor for the Tenth Region ( Atlanta, Georgia ) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Gate City Cotton ' Mills, East Point,
Georgia, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat . 449. On October 16 , 1935, the National Labor Relations
Board, herein called the Board, ordered an investigation and au-
thorized the Regional Director to conduct it and to provide for an
appropriate hearing on due notice . Pursuant to notice duly served
a hearing was held on November 4, 5, and 6, 1935, before a Trial
Examiner duly designated by the Board. On December 7, 1935, the
Board issued a Decision and a Direction of Election 1 directing that
an election by secret ballot be held within one week from the date
thereof among certain employees of Gate City Cotton Mills to de-
termine whether or not they desired to be represented by Local No.
1.938. On April 26, 1937 , after the termination of certain litigation
concerning this proceeding , pending which no action had been taken
pursuant to the Direction of Election, Textile Workers ' Organizing
Committee , on behalf of Local No. 1938, requested the Board to defer
action in the case indefinitely . On September 22, 1939, Textile
Workers Union of America , which claims to be the successor of the
international union with which Local No. 1938 was affiliated, filed
with the Regional Director a request for the withdrawal of the said
petition without prejudice . No other organization has asked the
Board to continue its investigation of representatives . Under the
circumstances, and in view of the time which has elapsed since the
issuance of the Direction of Election , the Board sees no reason why
11 N. L. R. B. 57.
16 N. L . R. B., No. 24.
203
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the request of Textile Workers' Union of America should not be
granted.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2.
IT IS HEREBY ORDERED that leave be, and it hereby is, granted for
the withdrawal of the petition for investigation and certification of
representatives of employees of Gate City Cotton Mills, East Point,
Georgia, filed by Local No. 1938, United Textile Workers of America,
on October 12, 1935, and the said petition is hereby deemed to have
been withdrawn, without prejudice;
AND IT IS FURTHER ORDERED that the said order of October 16, 1935,
the hearing held on November 4, 5, and 6, 1935, the Decision and
the Direction of Election issued on December 7, 1935, and all other
proceedings before the Board taken pursuant to' the said petition, be,
and they hereby are, vacated and set aside, and that this case be, and
it hereby is, closed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Order.