American Woolen Co., Inc.

In the Matter of AMERICAN WOOLEN COMPANY, INC., FULTON DIVISION and TEXTILE WORKERS OF AMERICA, C. I. O. Case No. R-&781.-Decided September 4, 1943 Mr. Robert H. Montgomery, of Boston, Mass., for the Company. Mr. Jack Rubenstein, of New York City, for the CIO. Mr. Sidney Greenberg, of Syracuse, N. Y., for the AFL. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, C. I. 0., herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of American Woolen Company, Inc., Fulton Division, Fulton, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis V. Cole, Trial Examiner. Said hearing was held at Fulton, New York, on July 26, 1943. The Company, the CIO, and Local 2625, United Textile Workers of America, A. F. of L., herein called the AFL, 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. All parties were afforded 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 American Woolen Company, Inc., a Massachusetts corporation, is engaged in the manufacture of worsted cloth. For this purpose it maintains and operates 25 mills located in New England, New York, and Kentucky. We are concerned herein with its operations at Fulton, New York. Between July 1, 1942, and June 30, 1943, the Fulton plant used raw materials valued in excess of $500,000,-of which 52 N. L. R. B., No 62. 415 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD approximately 100 percent represents shipments to the plant from points outside the State of New York. During the same period the Fulton plant manufactured finished products valued in excess of $2,000,000, of which approximately 95 percent represents shipments to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Local 2625, United Textile Workers of America, is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company, III. THE QUESTION CONCERNING REPRESENTATION On September 19, 1941, subsequent to a certification of the AFL by the Board," the Company and the AFL executed a contract retroactive to September 8, in which the latter was recognized as the exclusive bargaining representative of all of the employees of the Company at the Fulton plant with the exception of supervisory employees and general office workers. The contract provided that it was to expire on September 8, 1943, subject to automatic renewal for an additional term of 2 years in the event neither party gave notice of a desire to change 30 days prior to expiration. As hereinabove stated the Company operates 25 plants, of which 4 are presently represented by the AFL. Shortly after December 10, 1942, the Company and the AFL commenced negotiation for contracts for the 4 plants, all of which were to be dated December 10, 1942, and to contain the same expiration date. These negotiations were completed on or about February 25, 1943, and copies of the new agreement covering the Fulton, plant were distributed to its members at the plant by the AFL during the early part of March. On April 22, the executive committee of the AFL voted to recommend to the membership that the new contract be ratified. Thereafter, on April 24, a meeting of the membership was held at which the minutes of the executive committee, recommending that the contract be ratified, were accepted: Subsequent thereto,. the members of the executive committee added their signatures to the contract which had' previously been executed by the Company and by '2 representatives of the AFL. The CIO had intervened in the prior proceeding concerning the employees- herein, and had been granted a place -upon the ballot in 1 33 N. L. R. B. 187. AMERICAN WOOLEN COMPANY, INC. 417 the election conducted as part of that proceeding.2 Although it lost the' election, it did not become dormant, and, around January 1943, it renewed organizational activities by conducting a membership cam- paign among the Company's employees. Thereafter, by letter dated June 2, 1943, it requested that the Company enter into bargaining relations with it, as well as refrain from extending any existing con- tract or entering into any new agreement with the AFL. The Com- pany replied by a letter dated June 8 stating that it refused to bargain with the CIO in the absence of a certification by the Board. The AFL contends that the contract of December 10, 1942, which was ratified by it on April 24, 1943, constitutes a bar to the present proceeding. We do not agree with this contention. The December 10 contract superseded the original contract approximately 5 months prior to the latter's expiration and extended the term of bargaining relations between the contracting parties for an additional year mak- ing a contemplated total of 3 years without giving the employees herein, other than those who were members of the AFL, an oppor- tunity to express their desires. As such, it .constitutes an unreason- able delay placed upon the right of these employees to seek a change of bargaining representatives if they so wish, and should not operate as a bar to a claim made prior to the expiration of the original con- tract.3 Accordingly, we find that the contract of December 10, 1942, does not constitute a bar to the instant proceeding. A statement of the Field Examiner, introduced into'evidence at the, hearing, indicates that the CIO and the AFL each represents, a sub- stantial number of employees in the unit hereinafter found appropri- ate.' 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 Act. IV. THE APPROPRIATE UNIT We find, substantially in accordance with a stipulation of the parties herein, that all production and maintenance employees of the Company at its Fulton plant, including clerical employees in the 232 N. L.R B.8,9. 'Matter of Memphis Furniture Company, 51 N. L. R B 1447 , citing Wichita Union Stockyards Company, 40 N. L. R. B. 369. We stated in the Memphis case, supra: that .. the premature extension of a contract of reasonable duration . . . should not operate as a bar to a claim of representation made prior to the expiration of the [original] contract." 'The Field Examiner reported that the CIO submitted 306 designation cards bearing apparently genuine original signatures, of which 276 were the names of persons appearing on the Company's pay roll of June 26 , 1943. This pay roll contained the names of approximately 882 persons within the appropriate unit. 418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production and maintenance departments 5 but excluding executives, managers, superintendents, assistant superintendents, foremen, assist- ant foremen, overseers, assistant overseers, second hands, section hands not regularly engaged in productive processes, and any supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action; office employees, porters, watchmen and guards, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 herein, 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 Re- lations 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 American Woolen Company, Inc., Fulton, Division, Fulton, New York, 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 Third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediate- ly preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on va- cation or temporarily laid off, and including employees in the armed 5 Those clerical employees in production and maintenance departments who are engaged exclusively in clerical work or who do no production and maintenance work, by agree- ment among the parties , are not included within this category. G The AFL requests that it be designated upon the ballet as "United Textile Workers of America, A. F. of L." The CIO requested that it be designated as "Textile Workers of America, C. I. 0." Both requests are hereby granted. AMERICAN WOOLEN COMPANY, INC. 419 forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been dis- charged for cause, to determine whether they desire to be represented by Textile Workers of America, C. I. 0., or by United Textile Work- ers of America, A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN Muaas took no part in the consideration of the above Decision and Direction of Election. 549875-44-vol. 52-28