Proximity Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsJun 3, 194350 N.L.R.B. 90 (N.L.R.B. 1943) Copy Citation 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. Copy with citationCopy as parenthetical citation