Walker County Hosiery Mills

National Labor Relations Board - Board Decisions

Jun 6, 1944

56 N.L.R.B. 1242 (N.L.R.B. 1944)

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In the Matter of WALKER COUNTY, HOSIERY MilLS and, AMERICAN
FEDERATION OF HOSIERY WORKERS
Case No. 10-R-1166.-Decided June 6, 1944
Mr. Barry Wright, of Rome, Georgia, for the Company.
Messrs. H. G. B. King and John J. McCoy, of Chattanooga, Tenn.,
for the Union.
Mrs. Margaret L. Fassig, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION'
STATEMENT OF THE CASE
Upon a petition duly filed by the American Federation of Hosiery
Workers, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Walker County Hosiery Mills at LaFayette, Georgia, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before George S. Slyer, Trial
Examiner. Said hearing was held at LaFayette, Georgia, on May 5,'
1944. 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
I. THE BUSINESS OF THE COMPANY
Walker County Hosiery Mills is a Georgia corporation which is
engaged in the manufacture of women's and children' s seamless
hosiery at its -Mills in LaFayette, Georgia. The Company's sales for
the year 1943 amounted to approximately '$1,500,000, 95 percent of
56 N. L . R. B. No . 223. , ' -
1242
WALKER COUNTY HOSIERY MILLS 1243
which represented goods delivered outside the State of Georgia; and
,approximately 75 percent of the yarn and other materials purchased
by the Company was shipped to its mill from points outside the
State of Georgia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
American Federation of Hosiery Workers, affiliated with the Con-
gress of Industrial Organizations through the Textile Workers Union
of America , is a labor organization admitting to membership em-
ployees 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.'
By letter dated March 25, 1944, the Union advised the Company that
it represented a majority of the Company's employees and requested a
conference to negotiate a collective bargaining contract. The Company
replied through its attorney that inasmuch as the Union on November
5, 1943, had lost an election which had been held pursuant to a consent
election agreement, the Company declined to enter negotiations with,
the Union until such time as it is furnished with satisfactory and,
convincing evidence that the Union is authorized by a majority of its
employees to act as their exclusive bargaining representative.
The Company contends that no determination of representation
should be made at this time because the Union has but recently demon-
strated its lack of majority by the election of November 5, 1943. As
no collective bargaining representative of the employees was chosen as
a result of that election, and as apparently a majority of the Company's
employees in the appropriate ' unit have since indicated a desire for
representation by the Union,' we believe the policies of the Act will
best be effectuated by proceeding with a determination of representa-
tives at this time.2
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 (f;) and (7) of the Act.
' The Field Examiner reported that the Union submitted 205 cards , that the Company's
pay r 'oll^of Apiil 30, ID44, contained the names of 384 employees in the appropriate unit;
and that the cards were dated : November 1943, 123 ; December 1943, 4 , January 1944, 7 ;
Febraai y,1944, 21 ; March 1944 , 38 ; April 1944, 12.
' See Matter of Hillside Fluorspar Mines ( Keystone Mines ), 52 N L. R. B. 441, and cases
cited therein
1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
1
We find, substantially in accordance with an agreement of the
parties, that all production and maintenance employees in the Com-
pany's mill at LaFayette, Georgia, but excluding clerical employees,
guards and all supervisory employees with the authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, 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.3
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
6rein,• subject to the limitations and additions set forth in the
Direction.
The Company requests that the Board determine the time and place
for conducting the election. It desires that the election be held on
Company property during working hours, and the Union objects to
the conduct of the election either on Company. property or during
working hours. The Board, however, has adopted the practice of
leaving the selection of the time and place for elections held pursuant
to, its direction, to the discretion of the Regional Director, who is
expected to make such selection with a view of serving the best inter-
ests of all parties involved in the proceeding. We see no reason here
to depart from our usual practice in this respect. However, if the
Company is of the opinion that the selection of the time and place
for the election, when finally made by the Regional Director, is preju-
dicial, it may file a motion for reconsideration by the Board, setting,
forth its objection thereto.'
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Walker County
Hosiery Mills of LaFayette, Georgia, an election by secret ballot shall
be conducted as early as possible, but, not later than' thirty (30) days
s This is the unit In which the consent election was held November 5, 1943.
* See Matter of Carmo Shoe Manufacturing Co., 56 N . L. R B 509
i
WALKER COUNTY HOSIERY MILLS 1245
from the date of this Direction,. under the direction and supervision
of the Regional Director for the Tenth Region, acting in this mat-
ter^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 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 vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees 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 American Federation of Hosiery Workers for the purposes of col-
lective bargaining.
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587784-45-vol. 56-80