Hope Webbing Co., Inc.

HOPE WEBBING COMPANY, INC. 1,45 circumstances, finds to be appropriate for, the purposes of collective bargaining. In the event a majority do not vote for the General Drivers,, the Board finds the existing- unit to be appropriate and the Regional Director will issue a certification of results of election, to such effect. [The Board dismissed the petitions in Cases Nos. 39-RC-1126, 39-RC-1144, 39-RC-1145, and 39-RC-1146.] [Text of Direction of Election omitted from publication.] Hope Webbing Company, Inc. and United Textile Workers of America, AFL-CIO, Petitioner. Case No, 1-BC--4981. October X5,1957 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Thomas E. Mc- Donald, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Murdock, Rodgers, and Bean]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organizations named below claim to represent certain employees of the Employer. 3. The Employer urges , as a bar a 1-year contract- executed' June 20, 1956, between its predecessor and Narrow Fabric Workers' Union, which contract provides that in the absence of notice to negotiate at least 30 but not more than 60 days before expiration, it is to be "auto- matically renewed and continued without change." No such notice was given. The petition was filed June 12, 1957. By contrast the 1950 contract provided that it was to be "automatically renewed and continued without change other ' than' that of the expiration date for an extended period of one year from December 31, 1951, to December 31, 1952."- We find that'the 1956 contract was automatically renewed for an indefinite period. As the existing contract has become one of -indefinite duration following a fixed term, it does not bar a representa- tion proceeding. See New Jersey Porcelain Company, 110 NLRB 790, 791. 119 NLRB-No. 24. 476321-58-vol. 119-11 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Narrow Fabric Workers' Union, although served with notice, did not intervene. A question affecting commerce exists concerning the representa- tion of certain employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and j7) of the Act. 4. The Petitioner seeks a production and maintenance unit,-includ- ing firemen who were excluded from the 1956 contract. The record does not show whether the earlier contracts also excluded them. There are 3 firemen, who work 5 days a, week, 1 on a shift. There is nothing in the record to indicate that their interests and conditions of employment differ substantially from those of other employees. In the absence of the contrary bargaining history, we would include them in the unit. See Wilner Wood Products Co., 1.1.7 NLRB 1895. In the circumstances we believe that they should not now be included without an opportunity of voting separately on whether they desire to become a part of the unit. See Rathbun Molding Corporation, 116 NLRB 1002, 1004. The Employer has three watchmen who are on duty on weekends when the firemen are not. The record indicates that they have authority "to keep people out." We find that they are guards within the meaning of the Act and shall exclude them from the unit. The Petitioner would include and the Employer exclude from the unit plant clerical employees, who appear to have been covered by the contract unit. These plant clerical employees do some produc- tion work as well as clerical work. They have the same working con- ditions and benefits as other employees, and we shall include them in the unit in accord with our usual practice concerning plant clericals. We shall direct elections in the following voting groups of employees at the Employer's Pawtucket, Rhode Island, textile plant, excluding from each voting group all office clerical employees, pro- fessional employees, guards, and supervisors as defined in the Act: (1) All production and maintenance employees, including plant cleri- cal employees, but excluding firemen; and (2) all firemen. If a majority of the employees in voting group (2) vote against representation, they will be taken to have indicated their desire to be, and they will be, excluded from the production unit. If a majority vote for representation, their ballots will be pooled with those of the employees in voting group (1) and the two groups together will constitute a single appropriate unit. The Regional Director is instructed to issue a certification of representatives or certification of results as dictated by the outcome of the elections herein. [Text of Direction of Elections omitted from publication.]