Howard Arthur Mills

In the Matter of HOWARD ARTHUR MILLS and TEXTILE WORKERS UNION OF AMERICA (C. I 0.) In the Matter of LUTHER MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA (C I O In the Matter Of PEPPERFLL MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA (C. I. O In the Matter of BOURNE MILLS and TEXTILE WORKERS UNION OF AMERICA (C I O Cases Nos R-4004 to B-4007 inclusive, respectively -Decided July 15, 1942 Jurisdiction - textile manufacturing industries Investigation and Certification of Representatives : existence of questions refusal of each Company to accord petitioner iecognition until certified by the Board, elections necessary Units Appropriate for Collective Bargaining : all production and maintenance employees, excluding executive, supeivisoiy, office, and clerical employees, at each of the four Companies involved held to constitute an appropriate unit, separate units of loom-fixers, knot-tiers, and slasher tenders, held inappropri- ate in view of past history of collective bargaining on an industrial basis and the highly integrated nature of milling operations Mr Jerome A Newman, of New York City, for Howard Arthur Mills. Mr M R Brown, of Fall River, Mass, for Luther Manufacturing Co Gaston, Snow, Hunt, Race & Boyd, by Mr William J. Kelleher, of Boston, Mass , for Pepperell Manufacturing Co. Mr. Harold S R Bu fznton, of Fall River, Mass , for Bourne Mills. Mr Isadore Katz, of New York City, for the T W U A. Mr. Jacob Mznkin, of New Bedford, Mass , for the Loom Fixers, Slasher Tenders, and Knot-Tiers Mr Frank Sgambato, of Providence, R I, and Mr. Anthony Val- ente, of Washington, D C, for the U T. W. A. Mr Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Textile Workers Union of America, herein called the T. W U A, alleging that questions affecting com- 42 N L R B, No 106 518 - HOWARD ARTHUR MILLS 519 merce had arisen concerning the representation of employees of Howard Arthur Mills, Luther Manufacturing Company, and Pep- perell Manufacturing Company, all of Fall River, Massachusetts, and Bourne Mills, of Tiverton, Rhode Island, herein collectively called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before William S Gor- don, Trial Examinei. Said heaiing was held at Fall River, Massa- chusetts, on July 2, 1942 The Companies; the T W U A ; Ameri- can Federation of Textile Operatives, Loom Fixers Local No 6, herein called the Loom Fixers, Slasher Tenders Local No 16, herein called the Slasher Tenders, and Knot-Tiers, Drawing-In Machine Operators and Warp Twisters Local No 52, herein called the Knot-Tiers, and sometimes collectively called the Locals; and United Textile Workers of America, herein called the U T W. A , appeared, participated, and were afforded full opportunity to-be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. FINDINGS OF FACT I THE BUSINESS OF THE COMPANIES - The Companies involved are engaged in the manufacture of tex- tile goods in Fall River, Massachusetts The principal raw material used by each of the Companies is raw cotton, and the principal finished material of, each of them is either cotton cloth or rayon goods, or both The approximate volume of business of each is as follows : Percentage Value of Percentage of same re- finished Company Value of raw materials used ceived from products shipped annually outside produced States other Massachu- annually than Massa. setts chusetts Howard Arthur Mfg Co_____ $1,500,000 (cotton)__t---------- 100 $2,500,000 91 Luther Mfg Co______________ $750,000 (cotton) __ ----------- 100 1,500,000 91 Pepperell Mfg Co__ ________ `52,500000 scotton)____________ 100 4 000,000 91 Bourne Mills I_ _____________ $1 , 500,000 (cotton)_____________ 100 2 , 500 000 91 I The principal office of Bourne Mills is in Tiverton Rhode Island Its plant is located on the border between Rhode Island and Massachusetts and is partly in each State The figures given abo%e for that Company refer to shipments into and out of Rhode Island, and not Massachusetts Each of the Companies admits that it is engaged in commerce within the meaning of the National Labor Relations Act. - 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED Textile Workers Union of America is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to membership employees of the Companies. Loom Fixers Local No. 6, Slasher Tenders Local No 16, and Knot- Tiers, Drawing-In Machine Operators, and Warp Twisteis Local No 52, are labor organizations affiliated with the American Federa- tion of Textile Operatives, admitting to membership employees of the Companies. United Textile Workers of America is a labor organization affili- ated with the American Federation of Labor, admitting to member- ship employees of the Pepperell Manufacturing Company. III THE QUESTIONS CONCERNING REPRESENTATION Each of the Companies refuses to recognize the T W U A as the exclusive representative of their employees until such time as the Board certifies the T W. U A as such representative. It was stipulated at the hearing that each of the labor organiza- tions involved has a substantial membership among the employees in the unit which it alleges to be appropriate. We find that questions affecting commerce have arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act IV. THE APPROPRIATE UNITS The T W U A contends that all production and maintenance employees of Howard Arthur Mills, Luther Manufacturing Company, Pepperell Manufacturing Company, and Bourne Mills, excluding- executive, supervisory, office, and clerical employees, constitute four separate units appropriate for the purposes of collective bargaining. The U T W. A contends that the same classes of employees at the Pepperell Co constitute an appropriate unit The Loom Fixers contends that all loom fixers, excluding super- visors, employed by each of the Companies, constitute four separate appropriate units The Knot-Tiers contends that all knot-tiers and helpers, drawing-in machine operators, and warp twisters, excluding supervisors, at each of the Companies constitute four separate appro- priate units The Slasher Tenders contends that all slasher tenders and helpers, excluding supervisors, at each of the Companies, consti- tute four separate appropriate units. The Companies took no position with respect to the appropriate unit or units. HOWARD ARTHUR MILLS 521 In prior proceedings 2 involving the employees of three textile mills in the Fall River, Massachusetts, area, similar to those here involved, the Boaid found that the appropriate unit in each case was substantially the same as that requested by the T. W U A. for the employees of each of the Companies in the present proceedings. The Locals as well as the T W. U A participated in the hearings in those cases and the Locals requested for each plant separate bar- gaining units consisting of apps oximately the same classes of em- ployees as they clamp here The Boaid held in each case that the units requested by the Locals weie inappropriate for collective bar- gaining purposes All the mills involved herein employ manufacturing techniques and methods substantially the same as those described in the Board's decisions dealing with the three mills referred to. The work of the groups claimed by the Locals is likewise similar. It is evident from the manufacturing techniques and methods em- ployed by the Companies that the operations of the mills are func- tionally coherent, and that the various occupations are but arbitrar- ily defined segments of a highly integrated process It is likewise clear that, in spite of the fact that the Locals have maintained f or- mally separate indentities, the actual course of employee organization and collective bargaining which they have established in the Fall River, Massachusetts, area has been on an industrial basis for almost half a century There is no evidence in the present record indicat- ing that the craft units sought by the Locals, and which are similar to those previously found inappropriate, have now become appro- priate 3 We find that the units proposed by the Locals are not appropriate. We find, however, that the plant-wide units requested by the T W U A. and the U T W A are appropriate for the pur- poses of collective bargaining We find that all production and maintenance employees at the Howard Arthur Mills, Luther Company, Bourne Mills, and Pepper- ell Company, excluding executive, supervisory, office, and clercial employees, constitute four separate appropriate units for the pur- poses of collective bargaining, within the meaning of Section'9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation can best be resolved by elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period ' See 36 N L R B 678, 36 N L R B 687 ' See cases cited in footnote 2, supra, and Matter of Sagamore Manufacturing Co and Textile Workers Union of America (C 1 0 ), et ai, 39 N L R B 909 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD immediately preceding the date of the Direction of Elections heiem, subject to the limitations and additions set forth in the Direction We shall direct that the name of American Federation of Textile Operatives be placed on the ballot followed by that of the locals If the Federation and/or any of the Locals desire not to participate in the election they may file with the Regional Director within five (5) days from the date of the Direction of Elections herein, a; decla- ration of intention not to participate, in which event their names will not appear on the ballot . DIRECTION OF ELECTIONS By virtue of and puisuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Howard Arthur Mills, Luther Manufacturing Company, and Pepperell Manufactur- ing Company, all of Fall River, Massachusetts, and Bourne Mills, of Tiverton, Rhode Island, elections by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the dii ection 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 Ar- ticle III, Section 9, of said Rules and Regulations,, among (1) -Employees of the aforesaid Companies, other than Pepperell Manufacturing Company, in the units found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or have been discharged for` cause, to determine whether they desire to be represented by Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, or by Ameri- can Federation of Textile Operatives [Loom Fixers Local No 6, Slasher Tenders Local No 16, Knot-Tiers, Drawing-In Machine Operators, and Warp Twisters Local No 52], for the purposes of collective bargaining, or by neither; (2) Employees of Pepperell Manufacturing Company in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during such pay-roll HOWARD ARTHUR MILLS 523 period because they were ill or on vacation or in active military service or training of the United States, or temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Textile Workers Union of America, affiliated with the Congress of Indus- trial Organizations, or by United Textile Workers of America, affili- ated with the American Federation of Labor, or by American Fed- eration of Textile Operatives [Loom Fixers Local No 6, -Slasher Tenders Local No 16, Knot-Tiers, Drawing-Iii Machine Operators, and Warp Twisters Local No 52], for the purposes of collective bar- gaining, or by none of said organizations MR. GERARD D REILLY took no part in the consideration of the above Decision and Direction of Elections In the Matter of HowARD ARTHUR MILLS and TEXTILE WORKERS UNION OF AMERICA (C I 0.) In the Matter of LUTHER MANUFACTURING COMPANY and TEXTILE - WORKERS UNION OF AMERICA (C I O In the Matter Of PEPPERELL MANUFACTURING COMPANY and TEXTILE WORKERS UNION OF AMERICA (C. I O In the Matter of BOURNE MILLS and TEXTILE WORKERS UNION OF AMERICA (C I O Cases Nos R-4004 to R-4007, inclusive, respectively AMENDMENT TO DIRECTION OF ELECTIONS July 28, 1942 On July 15, 1942, the National Labor Relations Board issued a Decision and Direction of Elections in the above-entitled proceedings? On July 22, 1942, American Fedeiation of Textile Operatives, Loom Fixers Local No 6, Slasher Tenders Local No 16, and Knot-Tiers, Drawing-In Machine Operators and Warp Twistei s Local No 52, filed a motion with the Board stating that they had affiliated with United Textile Workers of America, affiliated with the American Federation of Labor, and requested that the ballots in the elections directed by the Board contain only the names of Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, and United Textile Workers of Amei ica, affiliated with the American Fed- eration of Labor. On the same day United Textile Workers of America moved the Board to substitute its name on the ballots for those of the Locals mentioned above On July 23, 1942, Textile Workers Union of America filed a letter with the Board in opposition to the motions The motions of the Locals and the U T. W. A. are hereby granted IT IS HERFBY ORDERED that the Direction of Elections be amended by striking the words "other than Pepperell Manufacturing Company" in paragraph 1 and by striking the words "or by American Federation of Textile Operatives [Loom Fixers- Local No 6, Slasher Tenders Local No. 16, Knot-Tiers, Drawing-In Machine Operators, and Warp Twisters Local No. 52]" in the same paragraph and substituting therefor the words "or by United Textile Workers of America, aflilI- ated with the American Federation of Labor ", and by striking the entire paragraph 2 of said Direction of Elections MR GERARD D. REILLY took no part in the consideration of the above Amendment to Direction of Elections. 1 42NLR B 518. 42 N L R B, No 106a 524