Itasca Cotton Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 22, 1944

56 N.L.R.B. 1581 (N.L.R.B. 1944)

In the Matter Of ITASCA COTTON MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA, C. I. O.
Case No. 16-R-902.--Decided June 02, 19.4.
Mr. Sidney L. Samruels , of Fort Worth, Tex. and Mr . Sidney J.
Files, of Itasca, Tex ., or the Company.
Messrs. Hersehiel E. Moore and A. M. Carter, of Dallas, , Tex., for
theUnion.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America, C.
I. 0., herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Itasca
Cotton Manufacturing Company, Itasca, Texas, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Milton A. Nikon, Trial Examiner.
Said hearing was held-at Fort Worth, Texas, on June 5, 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 Examin-
er'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
Itasca Cotton Manufacturing Company is a Texas corporation oper-
ating a plant at Itasca, Texas, where it is'engaged in the manufacture
of cotton cloth. During 1943 the Company purchased approximately
$57,000 worth of supplies, 75, percent of'which was shipped to it from
MIN. L. R. B., No. 286.
587784-45-vol. 56-101 1581
1582 ' DECISIONS'OF_ NATIONAL LABOR RELATIONS BOARD
points outside the,State of Texas. During the same period, the Com-
pany manufactured products at its Itasca plant valued at about $1,
006,000, approximately 89 percent of which was shipped to points out-
side 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
Textile Workers Union of America is a labor organization affiliated
with the' Congress of Industrial Organizations admitting to member-
ship employees of the Company..
III. THE,QUESTION CONCERNING REPRESENTATION,
On April 13, 1944, the Union requested the Company to recognize
it as the exclusive bargaining representative of the employees at the
Itasca plant. The Company refused this request. '
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees within 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. .ag'reement with a stipulation of the parties, that all
production an_maintenance'employees of the Company at its Itasca
plant, excluding plant-protection and clerical employees,_and all super-
visory employees'-with authority to hire; promote, discharge, disci-
pline, or otherwise effect changes in the status of employees,'or effec-
tively' recommend such faction, 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 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
'1 The report of the Field Examiner shows that the Union submitted 106 authorization
cards bearing Apparently genuine signatures of persons whose names appear on the Com,
pang's pay 'roll of April 15,E 1944. There are approximately 250 employees in the appro-
priate unit.
ITASCA COTTON MANUFACTURING COMPANY 1583
Election herein, subject to the limitations 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Itasca Cotton
Manufacturing Company, Itasca, 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 super-
vision 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, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate iri 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 vaca-
tion 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 persons who have, since quit or been dis;
charged for cause and have not been rehired or reinstated prior to
the date 'of election, to determine whether or not they desire, to be
represented by Textile Workers Union of America, C. I. 0., for the
purposes of collective bargaining.