John Price, Sr. And John Price, Jr., a Partnership, D/b/a Price Spindle & Flyer Company And Textile Workers Union Of America, C. I. O., 1131 (1946)

In the Matter of JOHN PRICE, SR. AND JOHN PRICE, JR., A PARTNERSHIP,

D/B/A PRICE SPINDLE & FLYER COMPANY and TEXTILE WORKERS UNION OF AMERICA, C. I. O.

Case No. 10-R-1735.-Decided May 3, 1946 Mr. Rufus M. Ward, of Spartanburg, S. C., for the Company.

Mr. Pal E. Robinson, of Spartanburg, S. C., for the Union.

Mr. Seymour Cohen, of counsel to the Board.

DECISION AND DIRECTION STATEMENT OF THE CASE Upon a petition duly filed by Textile Workers Union of America,

  1. I. O., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of John Price, Sr. and John Price, Jr., a Partnership, d/b/a Price Spindle & Flyer Company, Spartanburg, South Carolina, herein called the Company, the National Labor Relations Board on March 6, 1946, conducted a prehearing election pursuant to Article III, Section 3, of National Labor Relations Board Rules and Regulations,1 among employees of the Company in the alleged appropriate unit, to determine whether or not they desired to be represented by the Union for the purposes of collective bargaining.

At the close of the election, a Tally of Ballots was furnished the parties. The Tally shows there were approximately 16 eligible voters, all of whom cast valid ballots. Of these, 8 were for the Union, 7 were against the Union, and 1 was challenged.

Thereafter, pursuant to Article III, Section 10, of the Rules and Regulations,2 the Board provided for an appropriate hearing upon due notice before Thomas T. Purdom, Trial Examiner. The hearing was held at Spartanburg, South Carolina, on March 21, 1946. The SBy amendment of November 27, 1945, this Section of the Rules now permits the conduct of a secret ballot of employees prior to hearing in cases which present no substantial issues.

2 As amended November 27, 1945, this Section provides that where the initial hearing is held after the election, all issues, including issues with respect to the conduct of the election or conduct affecting the election results and issues raised by challenged ballots, shall be heard at such hearing.

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 opportunity to file briefs with the Board.3 Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Price Spindle & Flyer Company, a partnership consisting of John Price, Sr. and John Price, Jr., is engaged in the repair and reconditioning of certain textile machinery parts such as flyers, spindles, and rollers, and in the manufacture and sale of flyer pressers at its plant in Spartanburg, South Carolina. During the year ending February 28, 1946, the Company purchased materials, used in carrying on its operations, valued at approximately $8,000, of which approximately 5 percent was shipped to its plant from points outside the State of South Carolina. During the same period, the Company...

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