Southwell Wool Combing Co.

In the Matter of SOIITHWELL WOOL COMBING COMPANY and FEDERATION OF WOOLEN & WORSTED WORKERS OF, AMERICA, UTWA-A. F. OF L. Case No. R-4839.-Decided February 02, 1943 Jurisdiction : wool processing, 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, excluding overseers, assistant foremen, executive, office and clerical employees, and plant guards ; stipulation as to. Vaughan, Esty, Clark & Crotty, by Mr. James A. Crotty, of Worces- ter, Mass., for the Company. Miss Mary Tdecone, of Lawrence, Mass., for the Union. Mr; Joseph E. Guubbins, of counsel to the Board. DECISION AND DIRECTION' OF 'ELECTION STATEMENT OF THE CASE Upon petition duly filed by Federation of Woolen & Worsted Work- ers of America, UTWA, affiliated with the A.'F. of L., herein called the Union, alleging, that a question affecting commerce had arisen concerning the representation of employees of the Southwell Wool Combing Company, North Chelmsford, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate 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, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company filed a brief which the Board has considered. Upon the entire record in the case the Board make the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Southwell Wool Combing Company is a Massachusetts corpora- tion with its main offices and plant located at North Chelmsford, 47 N. L. R. B., No. 110 876 I SOUTHWELL WOOL COMBING COMPANY 877 Massachusetts , where it is engaged in sorting, scouring , and combing wool. The raw wool remains the property of the customers while being processed by the Company and is -shipped directly from the Company's plant at the direction of the customers . During the past 3 months, which is a typical period, 64 percent of the processed wool was shipped to points outside of the State of Massachusetts. The charges made by the Company for the processing services during that period ,amounted to approximately $600,000. We find that the Company , contrary to its contention , is engaged in commerce within the meaning of the National Labor Relation Act., II. THE ORGANIZATION INVOLVED Federation of Woolen & Worsted Workers of America, UTWA, affiliated with the American Federation of Labor, is a labor organiza tion admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION On or about January 19, 1943, the Union notified the Company that it represented a majority of the Company's, employees and re- quested recognition as their exclusive bargaining agent. The Com- pany declined to recognize the Union without proof that it represented a majority of the employees. On January 23, 1943,;the Union filed its petition. A statement of the Regional Director, introduced in evidence at the hearing, indicates 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. TV. TIIE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees employed by the Company.at its North Chelmsford plant, excluding overseers; assistant foremen,' executives, office and clerical employees, and plant guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. ' ' I The Regional Director reported that the Union submitted 294 applications for member- ship cards bearing apparently genuine original'signatures , of which 273 bore the names of persons whose names are on the Company's pay roll for the week ending January 16, 194.1 Said pay roll contains the names of 584 employees in the appropriate unit 'The cards were dated as follows : 32-in December 1942 ; 169 in January 1943 ; and 93 undated. 878 DEOISIONS, OF NATIONAL LABOR RELATIONS _ BOARD % V. THE ,DETERMINATION OF REPRESENTATIVES We find that the question -concerning representation which has arisen can best 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 our Direction of Election herein, subject to the limitations and additions set forth in said 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 Relations 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 purpose , of collective bargaining with the Southwell Wool Combing Company, ' 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 supervision of the Regional Director for the First Region, acting in `this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 10, of said Rules and .Regulation's, 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 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 repre- sented by the Federation of Woolen & Worsted Workers of America, UTWA, affiliated with the A. F. of L., for the purposes of collective bargaining.