Farr Alpaca Co., Inc.

In the Matter of FARR ALPACA COMPANY, INC. and FEDERAL LOCAL UNION No. 21,644 OF TIIE AMERICAN FEDERATION OF LABOR Case No., R-.969.-Decided, November 25, 1938 Textile Industry-Investigation of Representatives* controversy concerning representation of employees : rival organizations ; doubt as to representation of a majority-Contract : granting recognition to union as long as it represented a majority, no bar to investigation-Unit Appropriate for Collective Bargain- ing: production and maintenance employees , excluding engineers, firemen, cleri- cal and office employees , and supervisory employees ; stipulation as to-Election Ordered Mr. Edward Schneider, for the Board. Palmer, Dodge, Barstow, Wilkins & Davis, by Mr. R. A'inmi Cutter, of Boston, Mass., for the Company. Mr. David M. Taylor, of West Springfield, Mass., for the Federal Union. , Mr. Horace A. Riviere, Mr. Valery Burati, and Miss Cecile T. Serpa, of Holyoke, Mass., for the T. W. O. C. Mr. George Rose, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 20, 1938, Federal Local Union No. 21,644, affiliated with the American Federation of Labor, herein called the Federal Union, filed with the Regional Director for the First Region (Boston, Mas- sachusetts) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Farr Alpaca Company, Inc., Holyoke, Massachusetts, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 8, 1938, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 9 N. L. R. B., No. 110. 1208 DECISIONS AND ORDERS 1209 On July 15, 1938, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the Fed- eral Union, and upon Local No. 157, Textile Workers Organizing Committee, affiliated with the Committee for Industrial Organiza- tion, herein called the T. W. O. C., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was field on July 25 and 26, 1938, at Holyoke, Massachusetts, before Earl S. Bellman, the Trial Examiner duly designated by the Board. 'The'Board and the Company were repre- sented by counsel and the Federal Union and the T. W. O. C., by their respective representatives. All parties participated in the' hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to thef admission-of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon.the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Farr Alpaca Company, Inc. is a Massachusetts corporation engaged in the manufacture of textiles at its plant located in Holyoke, Massa- chusetts. The principal products of the Company are linings, inter- linings, women's wear, woolens, tie linings, tie cloth, underwear. draperies, and women's wear greige goods. The plant of the Company is a vertically integrated mill, the raw material being purchased chiefly in its original state, and the spin- ning, weaving, and -finishing of the products being done by the Company. - The principal raw materials used in the above manufac- turing processes are wool, cotton, mohair, and rayon, all of which, except for a small amount of wool and cotton, not exceeding 10 per cent of all the raw materials, are shipped to its Holyoke plant from points outside Massachusetts. The total value of raw materials pur- chased during the Company's fiscal year ending April 30, 1938, was approximately $2,618,700. The volume of the Company's sales ranges from $4,000,000 to $15,- 000,000 yearly. The Company maintains its own sales offices in New York City; it also sells some of its products through commission houses located in New York City. The linings and suitings of the Company are sold and shipped chiefly to the large clothing centers in and around New York City and Rochester, New York; Chicago, Illi- 1210 NATIONAL LABOR It1 LATiONS BOARD nois; St. Louis, Missouri ; • Philadelphia , Pennsylvania ; Baltimore, Maryland ; and New Orleans; Louisiana . The yarn sales of the Com- pany are shipped directly to New England points and to Philadel- phia, Pennsylvania. The percentage of the total products shipped to points within the Commonwealth of'Massachusetts does not exceed 10 per cent ; the remainder are shipped to points outside the Common- wealth of Massachusetts. II. THE ORGANIZATIONS INVOLVED Federal Local Union No. 21,644 is a labor organization affiliated with the American Federation of Labor, admitting to its membership "all production employees" of the Company, "excluding engineers, firemen, clerical, and office supervisory employees." Local No. 157, Textile Workers Organizing Committee, is a labor organization affiliated with the Committee for Industrial Organiza- tion, admitting to its membership all production and maintenance employees of the Company, excluding "engineers, firemen and clerical and office force." _ III. THE QUESTION CONCERNING REPRESENTATION For a period of several years prior to 1937, three labor organiza- tions had been active in the Company's plant. In August or Septem- ber of that year these labor organizations nierged to form the T. W. 0. C: On February 18, 1938, the Company recognized the T. W. O. C. as the collective bargaining representative "for all of its employees ex- cept engineers, firemen and clerical and office force . . . as long as it represented a majority of the Company's employees," and entered into a contract with it for 1 year covering wages, hours, and other condi- tions of employment. It is not denied that the T. W. O. C. represented a majority of such employees at the time this contract was executed. On May 1, 1938, a number of the Company's employees withdrew from the T. W. O. C. and organized an independent labor organiza- tion which later received a charter from the American Federation of Labor as the Federal Union. The Federal Union now claims that it represents a majority of the Company's employees who are covered by the agreement between the Company and the T. ,W. O. C. and seeks recognition, as the exclusive bargaining representative for such em- ployees. In view of • the above-quoted provision, the contract cannot be considered a bar to the claim of the Federal Union. We find that a question has arisen concerning representation of the employees of the Company. DECISIONS' AND 01tDERS 1211 IV. THE, EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends' to lead.,to' labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing it was stipulated by all the parties that all the company's production 'and maintenance workers, excluding engineers, firemen, clerical and office workers, and supervisory employees, con- stitute an appropriate bargaining unit. We see no reason to alter the agreed unit. ' We find that the production and maintenance employees of the Company, excluding engineers, firemen, clerical and office employees, and supervisory employees constitute a unit appropriate for the pur- poses of collectivebargaining and. that said unit will insure to em- ployees of the Company the fill benefit of their right to self -organiza- tion and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the Company introduced in evidence a list composed of its combined pay roll for the 6 months' period, ending June 30, 1938, containing the names of 2,226 employees in the appropriate unit. The Federal Union introduced membership application cards and slips signed by 903 individuals, 614 of which names appeared on the list. The T: W. O. C. presented no evidence of its membership. We find that the question which has arisen concerning representa- tion of employees of the Company can best be resolved by the holding of an election by secret ballot. It was stated at the time of the hearing, without objection, that the above-mentioned list contained the names of all the persons within the appropriate unit. Accordingly, those employees whose names appear on the list, except those who have since quit or been discharged for cause, shall be eligible to participate in the election. Upon the basis of the above findings of fact and upon the record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Farr Alpaca Company, Inc., Holyoke, 1212 NATIONAL LABOR RELATIONS BOARD Massachusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of Farr Alpaca Company, Inc., at its Holyoke, Massachusetts, plant, exclusive of engineers, firemen, clerical and office employees, and supervisory em- ployees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRWITn that, as part of the, investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Farr Alpaca Company, Inc., Holyoke, Massachusetts, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and super- vision 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, Section 9, of said Rules and Regulations, among all the production and' maintenance employees of Farr Alpaca Company, Inc., who were employed at its Holyoke, Massachusetts, plant, during the period from January 1, 1938, to June 30, 1938,-exclusive of engi- neers, firemen, clerical and office employees, and supervisory em- ployees, and excluding those who have since quit or have been dis- charged for cause, to determine whether they desire to be represented by Federal Local Union No. 21,644, affiliated with the American Fed- eration of Labor, or by Local No. 157, Textile Workers Organizing Committee, affiliated with the Committee for Industrial Organiza- tion, for the purposes of collective bargaining, or by neither.