E. B. & A. C. Whiting Co.

In the Matter of E. B. & A. C. WHITING COMPANY and TExTII.E WORKERS UNION OF AMERICA, C. I. O. Case No. 1-R-1682.-Decided January 5, 1944 Mr. Edmund T. Blake, of Boston, Mass., for the Company. Mr. Harold Daoust, of Winooski, Vt., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE Upon petition duly filed by Textile Workers Union of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of E. B. & A. C. Whiting Company, Burlington, Vermont, 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 Burlington, Vermont, on De- cember 8,1943. 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 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY E. B. & A. C. Whiting Company operates a plant at Burlington, Vermont, where it is engaged in the manufacture of fibres for brushes. The Company purchases raw materials valtied in excess of $100,000 an- nually, 50 percent of which is shipped to it from points outside the State of Vermont. The Company produces products valued in excess of $100,000 annually, about 90 percent 'of which is shipped to, points outside the State of Vermont. The Company admits that it is engaged 54 N. L. R. B., No. 43. 335 336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in commerce within the meaning, of'the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at 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 Act. QV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company, including watchmen,2 but excluding office and clerical employees, executives, and all supervisory employees with authority to hire, promote, 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. V. THE D}H'ERMINATIONOF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees 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 Rela- i The Regional Director reported that the Union presented 94 authorization cards bear- ing apparently genuine signatures of persons whose names appear on the Company's pay roll for the period ending November 11, 1943, which contains 294 names in the appropriate unit. 2 The watchmen are not militarized. E. B. & A. C. WHITING COMPANY 337 tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with E. B. & A. C. Whiting Company, Burlington, Vermont, 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 supervi- sion 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, 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 temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any who have since quit or been dis- charged 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 Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining. 567900-44--vol. 54--23