Textron, Inc.

In the Matter of TEXTRON, INCORPORATED, EMPLOYER and AMALGAM- ATED CLOTHING WORKERS OF AMERICA, CIO, PETITIONER Case No. 1-R-3400.Decided January 29, 1947 Edwards cfi Angell, by Mr. William C. Waring, Jr., of Providence, R. I., for the Employer. Grant c6 A ngoff, by Mr. Harold B. Roitman, of Boston, Mass., for the Petitioner. Messrs. George Roewer and Ralph A. Roberts, of Boston, Mass., for the Intervenor. Mr. Benj. E. Cooke, 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 November 25, 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Textron, Incorporated, is a Rhode Island corporation with its prin- cipal office and place of business located at Lowell, Massachusetts. The Employer operates approximately 14 plants throughout New England, including one located at South Portland, Maine, which is the only plant involved in this proceeding. The Employer is engaged at this plant in stitching and trimming women's rayon slips. From the first week in September 1946 to November 25, 1946, the Employer purchased for use at its South Portland plant raw materials valued at more than $5,000, all of which was shipped to this plant from points outside the State of Maine. During the same period, the Employer manufactured finished products at the South Portland plant valued at more than $2,000, substantially all of which was shipped to points outside the State. 72 N. L. R. B., No. 63. 341 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it 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 afligted 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 Peti- tioner 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. IV. THE APPROPRIATE UNIT The parties agree generally that all production and maintenance employees of the Employer at its South Portland plant, excluding watchmen, office, clerical, and supervisory employees, constitute an appropriate unit. They are in disagreement, however, as to' instruc- tors. The Intervenor would exclude them, contending that they are supervisory employees; the Petitioner and Employer would include them. An instructor is an experienced sewer who has been selected to train and instruct employees in the operation of stitching machines. An instructor may be returned to his former role as sewer, is paid no extra compensation for his instructing work, and receives vacation, insurance, and other benefits identical with those received by sewers. While instructors keep production records and report directly to the floorladies or the plant manager regarding progress of trainees, they do not possess authority effectively to recommend retention, promo- tion, transfer or any form of disciplinary action. Accordingly, we are of the opinion that instructors do not possess supervisory author- ity within the Board's customary definition and shall include them in the unit.' We find that all production and maintenance employees, including instructors, but excluding watchmen, office, clerical employees, floor- ' See Matter of E. I. du Pont de Nemours & Company , Inc, Rayon Division, 62 N L R B. 146 ; Matter of Armstrong Tire & Rubber Company, 61 N. L. R. B. 1503. TEXTRON, INCORPORATED 343 ladies, and all 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 The Intervenor contends that no election should be held until the Employer's plant has employed its maximum personnel complement. The record reveals that within approximately 1 month after com- mencement of operations, there were 82 employees on the pay roll and within about 2 months, this number had been increased to ap- proximately 94. From a physical standpoint, the Employer's plant cannot accommodate more than 150 employees. Moreover, at the time of the hearing, the Employer could not predict when or whether there would be an increase or decrease of personnel. Inasmuch as the Employer, at the time of the hearing, had more than 50 percent of its maximum personnel complement, we find that an election is now appropriate.2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Textron, Incorporated, South Portland, Maine, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the data 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 13oard 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 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 those employees who have since quit or been discharged for cause and have not been rehired or re- instated prior to the date of the election, to determine whether they desire to be represented by Amalgamated Clothing Workers of America, CIO, or by International Ladies' Garment Workers' Union, AFL, for the purposes of collective bargaining, or by neither. 2 See Matter of Tyler Fixture Corporation, Southwest Div., 67 N. L. R. B. 945.