Colonie Fibre Co., Inc.

In the Matter of COLONIE FIBRE COMPANY, INC. and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. 2-R--5293.-Decided April 18, 1945 Medwin d WVeiss, by Mr. Nathan M. Medwin, of Albany, N. Y., for the Company. Mr. Alfred Blakley, of Cohoes, N. Y., for the T. W. U. A. Mr. Abraharm, Pincus, of Cohoes, N. Y., for the U. T. W. A. Mr. Louis Cokin, 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 T. W. U. A., alleging that a question affect- ing commerce had arisen concerning the representation of employees of Colonie Fibre Company, Inc., Green Island, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. Said hearing was held at Cohoes, New York, on March 8, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of United Textile Workers of America, Local 446, A. F. of L., herein called the U. T. W. A., to intervene. The Company, the T. W. U. A., and the U. T. W. A. appeared, par- ticipated, 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 af- forded 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 Colonie Fibre Company, Inc., is a New York corporation operating a plant at Green Island, New York, where it is engaged in garnetting 61 N L. R B., No. 89. 610 COLONIE FIBRE COMPANY, INC. 611 clips and rags. The Company processes about 15,000 pounds of rags daily, all of which is shipped to it from points outside the State of New York. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Textile Workers of America, Local 446, is a labor organiza- tion affiliated with the American Federation of Labor, admitting to membership employees of the Company. 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 On January 12, 1945, the T. W. U. A. requested the Company to recognize it as the exclusive collective bargaining representative of the Company's employees. The Company refused this request until such time as the T. W. U. A. is certified by the Board. On March 14, 1944, the Company and the U. T. W. A. entered into a maintenance of membership contract covering the employees involved herein. The contract provides that it shall remain in full force and effect until March 15, 1945, and from year to year thereafter unless notice of a desire to terminate is given by either party thereto not less than 60 days prior to any annual expiration date. Inasmuch as the T. W. U. A.'s claim was timely, we find that the contract does not constitute a bar to a determination of representatives at this time. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the T. W. U. A. 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. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all employees at the factory and warehouse of the Company at Green Island, New York, including millwrights and cleaning women, i The Field Examiner reported that the T. W U. A. presented 43 authorization cards bearing the names of persons who appear on the Company's pay roll of January 19, 1945. There are approximately 109 employees in the appropriate unit. The U. T W. A. did not present any evidence of representation but relies upon its contract as evidence of its interest in the instant proceeding. 612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD but excluding office employees 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.2 V. THE DETERMINATION OF 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. The Company employs approximately 20 persons on a part-time basis who work on an average of 5 hours daily 5 days each week. They work together with the regular employees and receive comparable pay. Inasmuch as the part-time employees are employed on a regular schedule, we find that they are eligible to vote in the elec- tion inasmuch as they have a substantial interest in the selection of a bargaining representative. Although the U. T. W. A. requests that it appear on the ballot as "AFL", we are of the opinion that such designation is ambiguous. Accordingly, we shall place that organization on the ballot as indicated 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Colonie Fibre Company, Inc., Green Island, 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 super- vision of the Regional Director for the Second Region, acting in this 2 There seems to be some controversy with respect to the status of Wilfred Clairmont. Clairmont is a millwright and receives a substantially higher rate of pay than the other millwrights because of his high degiee of skill Although he assigns work to the other millwrights , he works with them and the record indicates that he has no supervisory authority within the Board 's definiiton of that term We conclude , therefore , that Clair- mont is included in the unit found to be appropriate 3 See Matter of Curtiss-Wright Corporation, Airplane Division, 57 N. L R. B., 1125; Matter of Duke Manufacturing Company, 53 N. L. R. B. 1239. COLONIE FIBRE COMPANY, INC. 613 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 discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Textile Workers Union of America, C. 1. 0., or by United Textile Workers of America, Local 446, A. F. of L., for the purposes of collective bargaining, or by neither. CILAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.