Proximity Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 90 (N.L.R.B. 1943)

In the Matter Of PROXIMITY MANUFACTURING COMPANY and TE%TILA
WORKERS UNION OF AMERICA
Case No. R-5 416.Decided June 31 19k3
Mr. Robert Levett, for the Board.
Mr. L. P. McLendon, of Greensboro, N. C., for the Company.
Mr. Isadore Katz, of New York City, and Mr. W. R. Dalton, Sr.,
of Greensboro, N. C., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF,, ELECTION
STATEMENT OF THE CASE'
Upon petition duly filed by Textile Workers Union of America,
herein called the Union, alleging that a , question affecting commerce
had arisen concerning the representation of employees of Proximity
Manufacturing Company, Greensboro, North Carolina, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before J. J. Fitzpatrick, Trial
Examiner. Said hearing was held at Greensboro, North Carolina, on
May 21, 1943. The Board, the Company, and the 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY _
Proximity Manufacturing Company is engaged in the manufac-
turing and processing of cotton goods, consisting of denims, herring-
bone twills, khakis, and various print fabrics. The Company oper-
ates four plants, Proximity Cotton Mills, White Oak Cotton Mills,
50 N. L. R. B., No. 20.
90
PROXIMITY MANUFACTURING COMPANY 91
and Proximity Print Works, at Greensboro, and Granite Finishing
Works at Haw River, North Carolina.
Proximity Print Works at Greensboro, North Carolina, is the
only plant directly involved in this proceeding. A substantial portion
of the raw materials used by the Company at this plant originates
outside North Carolina. At this plant the Company annually finishes
products, valued at approximately $12,000,000, over 90 percent of
which is shipped outside North Carolina.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 9, 1943, the Union asked the Company to recog-
nize the Union as the sole bargaining agent of employees at Proximity
Print Works. The Company refused to recognize the Union.
A statement prepared by the Regional Director and introduced into
evidence at the hearing indicates that the Union represents a substan-
tial number of employees in the unit herein found appropriate for
bargaining.'
nd that a question affecting commerce has arisen concerningWe fi '
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
In accordance with the agreement of the parties, we find that all
production and maintenance employees of the Company at Proximity
Print Works, excluding guards and supervisory and clerical employees,
constitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.2
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
1 The Union submitted 237 authorization cards, dated between August 1942 and April
1943, 165 of which appear to bear genuine original signatures of employees on the Com-
pany's pay roll of April 18, 1943. There are 431 employees listed on this pay roll.
A In a prior representation proceeding involving employees of the Company at Proximity
Print Works, the Board found that such employees constitute an appropriate bargaining
unit. Matter of Proximity Print Works and Textile Workers Organizing Committee, 7
N. L. R. B. 803.
92 DECISIONS OFD NATIONAL LABOR RELATIONS BOARD
employees of the Company within the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Election herein, sub-
` ject'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 2, as amended, it is
hereby -
DIRECTED that, as part of the investigation to• ascertain representa-
tives for the purposes of collective bargaining with Proximity Manu-
facturing Company, Greensboro, North Carolina, 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 Fifth Region, acting it
this matter, as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
all employees of the Company within the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Textile Workers Union of America, for the purposes of
collective bargaining.