Piedmont Cotton Mills

National Labor Relations Board - Board Decisions

Jan 25, 1945

60 N.L.R.B. 200 (N.L.R.B. 1945)

In the Matter Of PIEDMONT COTTON MILLS and TEXTILE WORKERS UNION
OF AMERICA, C. I. O.
- Case No. 10-R-1384.Decided January 05, 1945
Weelees & Candler,,by Mr. Murphey Candler, Jr., of Decatur, Ga.,
for the Company.
Mr. Horace White , of Atlanta , Ga., for the Union.
Mr. Jacle Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Piedmont Cotton Mills, Egan, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Albert D. Maynard, Trial Examiner.
Said hearing was held at Atlanta, Georgia, on January 8, 1945. The
Company and the Union appeared and participated. All parties
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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Piedmont Cotton Mills is a Georgia corporation engaged in the
manufacture of cotton duck at its plant at Egan, Georgia. During
the fiscal year ending August 31, 1944, the Company purchased raw
materials valued in excess of $400,000, of which over 20 percent was
shipped to its plant from points outside the State of Georgia. During
60 N. L R . B., No. 40.
200
PIEDMONT COTTON MILLS 201
the same period, the Company sold finished products valued in excess
of $750,000, of which 90 percent was shipped to points outside the
State. At the present time, approximately 90 percent of the Com-
pany's production is contracted for by the United States Government.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION 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.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has 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 Union represents a substantial number of em-
ployees in the unit hereinafter found 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
The Company and the Union are in agreement that all employees,
including watchmen,2 but excluding office and clerical employees, and
supervisory employees with the rank of overseer and above, constitute
an appropriate unit for the purposes of collective bargaining. The
parties are in dispute, however, concerning second-hands, whom the
Company would exclude from the unit and the Union would include.
The Company employs approximately 16 second-hands, each of
whom is responsible for the production in his respective department.
Three or four departments are in turn supervised by an overseer. On
the second shift, which is under the general supervision of the night
superintendent, no overseers are on duty; the second-hands therefore
assume the overseers' usual supervisory functions. The record discloses
that second-hands on both shifts, although having no final authority in
the hiring and discharging of workers, can effectively recommend the
hire, promotion, discharge, or discipline of employees under their
supervision. Since the second-hands come within the Board's custo-
mary definition of supervisory employees, we shall exclude them.
I The 'Board agent reported that the Union submitted 323 authorization cards There
are approximately 460 employees ,in the unit hereinafter found appropriate.
I These employees are neither militarized nor deputized.
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all employees of the Company, including watchmen, but
excluding office and clerical employees , overseers , second-hands ,,and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of employ-
ees, or effectively recommend such action, 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 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 Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 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 Piedmont Cotton
Mills, Egan, Georgia , 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 Tenth 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 dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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 those em-
ployees 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 Textile Workers Union-
of America , C. I. 0., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.