Textron, Inc.

In the Matter of TEXTRON, INCORPORATED , EMPLOYER and AMALGAM- ATED CLOTHING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 1-R-.401.Decided April 14,1947 Messrs. Edwards cC Angell, by Mr. William C. Waring, of Provi- dence, R. I., for the Employer. Messrs. Grant d Angoff, by Mr. Sidney Grant, of Boston, Mass., for the Petitioner. Messrs. Roewer, Reel, and Donovan, by Mr. Walter R. Donovan, of Boston, Mass., for the Intervenor. Mr. Ralph A. Roberts, of Boston, Mass., for the Intervenor. Mr. Bernard L. Balicer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Boston, Massachusetts, on December 17, 1946, before Robert E. Greene, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDING OF FACT 1. THE BUSINESS OF THE EMPLOYER The Employer, a Rhode Island corporation with general offices in Providence, Rhode Island, operates manufacturing facilities in the States of Rhode Island, New York, Maine, New Hampshire, the Com- monwealth of Massachusetts, and other States. The Employer's plants at Lowell, Massachusetts 1 are the only ones involved in this pro- ceeding. The Lowell plants are engaged in the manufacture of men's shirts and house furnishings. During the 12 months preceding De- cember 1946, the Employer purchased raw materials valued in excess of $100,000, more than 50 -percent of which was purchased outside the Commonwealth of Massachusetts. During the same period, the i Referred to by the parties as Lowell Plants Nos . 1 and 2. 73 N. L. P. B., No. 75. 393 394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lowell plants shipped finished goods exceeding $100,000 in value, of which more than 50 percent was shipped to points outside the Commonwealth of Massachusetts. We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations , claiming to represent employees of the Employer. International Ladies' Garment Workers' Union , herein called the Intervenor, is a labor organization affiliated with the American Fed- eration of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.-2 IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all production and maintenance employees of the Employer at its Lowell plants, including truck drivers and warehouse employees, but excluding office and clerical, factory clerical, cafeteria and laboratory employees, guards, watchmen, nurses, the master mechanic, foremen, instructor-supervisors, mechanical department foremen and the assist- ant department foreman, and all or any other 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 DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. "The Inteivenor urged that the pendency of unfair labor pi.ictice charges which it filed against the Employer (Case No 1-C-2882 and Case No 1-C-2938) constituted a bar to the instant proceeding Since the Board on January 22 and January 29, 1947, respectively, sustained the Regional Duector's refusal to issue a complaint on these charges, there is no reason to delay a determination of representatives Matter of Durasteel Company, 67 N. L R. B. 1295 TEXTRON, INCORPORATED 395 The Intervenor contends that the election should be postponed be- cause the Employer now employs less than 50 percent of its con- templated personnel. Approximately 509 persons were employed in the unit at the time of the hearing. The Employer's division manager testified that a total of approximately 763 persons will be employed in the unit within 4 to 6 months and that the number might reach approximately 950 in 6 months. He further testified, however, that the time and the extent of the increase in the number of employees is contingent upon the supply of required machinery and further de- velopment of the Employer's plans. In view of the foregoing, and in- asmuch as at the time of the hearing more than 50 percent of the maxi- mum number of employees anticipated were already employed, we find that an election is now appropriate.3 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Textron, Incorporated, Lowell, 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 Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 vaca- tion 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 those employees 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 they desire to be represented by Amalgamated Clothing Workers of America, C. I. 0., or by Inter- national Ladies' Garment Workers' Union, A.. F. of L., for the pur- poses of collective bargaining, or by neither. 3 See Matter of Textron, Incorporated, 71 N. 16 R B 731.