Bentley & Co. Inc.

In the Matter of BENTLEY & Co., INC., and FEDERATION OF WOOLEN, AND WORSTED WORKERS OF AMERICA, UNrrED' TEXTILE WORKERS OF AMERICA, A. F. of L. Case ,No; R-4840.Decided February ' 18, {1943 Jurisdiction : wool sorting industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of Company's plants, excluding supervisors, executives, and office and clerical employees ; stipulation as to. Mr. E. Bentley, of Boston, Mass., for the Company. Miss Mary Taceone, of Lawrence, Mass., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF Ti CASE Upon petition duly fixed by Federation of Woolen and Worsted Workers of America, United Textile Workers of America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Bentley & Co., Inc., North Chelmsford, Massachusetts, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Lowell, Massachusetts, on Feb- ruary 5, 1943. The Company and the Union appeared and partic- ipated in the hearing.' 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 af- firmed. Although Textile Workers Union of America was served with notice of hearing, it did nbt appear. - 47 N. L. R. B., No. 93. 723 724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COlMPAEY Bentley & Co., Inc. is a Massachusetts corporation with its prin- cipal office at Boston, Massachusetts. We are here concerned with its plant at North Chelmsford, Massachusetts, where it is engaged in the sorting of raw wool. ' The Company sorts from 5 to 10 million pounds of raw wool annually at its North Chelmsford' plant, approxi-' mately 99 percent of which is shipped, to it from points outside the State of Massachusetts. Between 2,500,000 and 5,000,000 pounds of wool are shipped from the North Chelmsford plant to points outside the State of Massachusetts annually. , H. THE ORGANIZATION INVOLVED Federation of Woolemand Worsted- Workers =of America,- United Textile Workers of America, is°a-lxbor=organization'.affiliated with the American Federation of Labor, admitting to membership employees of the company. - III. THE QUESTION CONCERNING REPRESENTATION During January 1943 the Union requested the Company to recog- nize it as the exclusive representative of the employees at the North Chelmsford plant of the Company.. The Company refused this re- quest until such time as the Uni'On could prove that it represents it majority of its employees. ' A statement of the Trial Examiner, read into evidence during the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 , National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties , that all production and maintenance employees at the North Chelmsford plant of the Company, excluding supervisors , executives , and office and clerical employees,, constitute a-unit appropriate for the purposes of collective bargaining , within the -meaning of Section 9 (b) of the Act. - 2 The Trial Examiner reported that the Union presented 14 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of January 5, 1943. There are approximately 16 employees in the appropriate unit. BENTLEY & 00., INC. V. THE DETERMINATION OF REPRESENTATIVES 725 We shall direct that the question concerning representation be re- solved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll pe- riod immediately, preceding, the date of the Direction, of Election here- in, subject 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 Bentley & Co., Inc., North Chelmsford, Massachusetts, 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. super- vision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 ex- cluding any who have since quit or been discharged for 'cause, to de- termine whether or not ,they desire to be represented by Federation of Woolen and Worsted Workers of America, United Textile Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining.