Berkshire Fine Spinning Associates, Inc.

In the Matter of BERKSHIRE FINE SPINNING ASSOCIATES, INC. and TEXTILE WORKERS UNION OF AMERICA, C. I. O. Case No. 1-R-2640.-Decided January 3, 1946 Messrs. William A. O'Hearn and Ralph B. Jackson, both of North Adams, Mass., for the Company. Mr. D. William Belanger, of Boston, Mass., and Mr. John Bello, of Holyoke, Mass., for the C. 1. 0. Mr. John N. Alberti, of North Adams, Mass., and Mr. Andrews J. Dille, of Adams, Mass., for the Council. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Textile Workers Union of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Berkshire Fine Spinning Associates, Inc., Adams and North Adams, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leo J. Halloran, Trial Examiner. The hearing was held at Adams, Massachusetts, on October 17, 1945. The Company, the C. I. 0., and Northern Berkshire Executive Textile Council, herein called the Council, appeared and participated. All parties 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 Berkshire Fine Spinning Associates, Inc., a Massachusetts corpora- tion, is engaged in the manufacture of fine grades of cotton textiles. 65 N. L. R. B., No. 24. 101 102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD For this purpose it operates plants in the States of Massachusetts, Vermont, and Rhode Island. We are concerned herein solely with the Company's plants at Adams and North Adams, Massachusetts. During the fiscal year ending September 30, 1944, the Company spent approximately $9,000,000 for raw materials, all of which was obtained from outside the Commonwealth of Massachusetts. During the same period, the Company manufactured finished products valued at approximately $27,000,000. About 90 percent of the finished prod- ucts manufactured at the Company's Massachusetts mills was shipped to points outside the Commonwealth. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, and Northern Berkshire Executive Textile Council, unaffiliated, are labor organizations admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated August 27, 1945, the C. I. O. requested recognition from the Company as the representative of certain of its employees. The Company orally refused to grant this request, stating that it was obligated to recognize the Council as such representative under the terms of a contract existing between it and the Council, and also that, in any event, it would not recognize the C. I. O. unless and until the C. I. O. was certified by the Board. On March 2, 1944, the Company and the Council executed a collec- tive bargaining agreement in which the Company recognized the Council as the representative of the employees involved herein. This agreement provided that it was to continue in effect until September 1, 1945, and from year to year thereafter in the absence of 60 days' notice by either party prior to any termination date of a desire to terminate the agreement. The Company and the Council each gave timely notice to the other of a desire to terminate the contract. There- after, the parties operated under a series of two 30-day extensions of the agreement, the first of which was executed after August 27, 1945, and the second of which expired October 30, 1945. The Council con- tends that its 1944 contract with the Company is a'bar to this pro- ceeding. However, inasmuch as the 1944 contract was terminated by the parties and the extension agreements were executed subsequent to the presentation of the C. I. O.'s claim, we find that the contract of BERKSHIRE FINE SPINNING ASSOCIATES, INC. 103 March 2, 1944, as subsequently extended, does not constitute a bar to a current determination of representatives. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of em- ployees in the unit hereinafter found 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, substantially in accordance with an agreement of the par- ties, that all employees of the Company at its Adams and North Adams, Massachusetts, plants, excluding office and clerical employees, executives, supervisors (second hands and up), and all other super- visory employees with authority, to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively 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 among 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 Relations 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 representa- tives for the purposes of collective bargaining with Berkshire Fine Spinning Associates, Inc., Adams and North Adams, Massachusetts, an election by secret ballot shall be conducted as early as possible, but ' A Field Examiner reported that the C. I. O. submitted 749 cards bearing the names of 628 employees listed on the Company's pay roll for the period ending September 15, 1945. At the hearing, the C. I. 0 submitted 69 additional designations. There are approximately 1,84S employees in the appropriate unit. At the hearing, and in its brief submitted supplementary thereto, the Council attacked the validity of the C I O.'s designations. It is well settled that designations submitted in support of a petition, and any finding based thereon, are not subject to question. See Matter of Buffalo Arms Corporation, 57 N. L R. B. 1560 The Council's interest in this proceeding is established by its recently expired contract with the Company. 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not later than sixty (60) 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 Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appropri- ate in Section IV, above, who were employed during the pay-roll pe- riod immediately preceding the date of this Direction, including em- ployees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employ- ees 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 rein- stated prior to the date of the election, to determine whether they desire to be represented by Textile Workers Union of America, C. I.0., or by Northern Berkshire Executive Textile Council, unaffiliated, for the purposes of collective bargaining, or by neither. 0 v