The Barre Wool Combing Co., Ltd.

In the Matter of THE BARRE WOOL COMBING COMPANY, LIMITED and FEDERAL LABOR UNION No. 21928, TEXTILE WORKERS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1580.-Decided January 29, 19/x.0 Wool Combing Industry-Investigation of Representatives: controversy con- cerning representation of employees : rival organizations ; stipulated that question concerning representation has arisen-Unit Appropriate' for Collective Bargaining : all production and maintenance employees of the company , exclud- ing executives , overseers, section hands , office workers , timekeepers, clerks, salaried employees, and company police-Election. Ordered Mr. Benjamin E. Gordon, for the Board. Mr. Edward A . Robertson, of New York City , for the Company. Mr. A. Frank Reel, of Boston , Mass., for the Federal. Mr. Alfred Udoff, of New York City , and Mr. J. Harold Daowst, of Worcester, Mass., for the T. W. U. Mr. Lester W. Wyatt , of Worcester, Mass., for the Local Union. Mr. Theodore W. Kheel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 26, 1939, Federal Labor Union No. 21928, affiliated with the American Federation of Labor, herein called the Federal, filed With the Regional Director for the First Region (Boston, Massa- chusetts) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Barre Wool Combing Company, Limited, Barre, Massachusetts, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On October 12, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of 19 N. L. R. B., No. 101. 1008 THE BARiRE WOOL COMBING COMPANY, LTD. 1009 National Labor Relations Board Rules and Regulations-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice and on October 18, 1939, acting pursuant to Article III, Section 10 (c) (2), and Article II, Section 36 (b), of said Rules and Regulations, ordered the consolidation of this proceeding with a proceeding con- cerning the alleged commission of unfair labor practices ^ by the Company.' On October 17, 1939, the Regional Director issued a notice of ,rearing with respect to the petition, copies of which were duly served upon the Company, the Federal, Textile Workers Union of America, tlfiliated with the Congress of Industrial Organizations, herein called the T. W. U., and South Barre Employees' Local Union, Inc., herein called the Local Union, labor organizations claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing on the petition was held in Barre, 'Massachusetts, on October 26 and 27, 1939, before Henry J. Kent, the Trial Examiner duly designated by the Board.2 The Board, the Company, the Federal, the T. W. U., and the Local Union were represented by counsel and participated in the hearing. Full oppor- tunity 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 the 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 basis of the stipulation set forth in Section III, below, and at the request of the Federal and the T. W. U., the Board, acting pursuant to Article II, Section 36 (d), and Article III, Section 10 (c) (4), of National Labor Relations Board Rules and Regulations- Series 2, on December 28, 1939, ordered this proceeding severed for the purposes of decision from the proceeding involving the alleged commission of unfair labor practices by the Company. Pursuant to notice duly served on all the parties, a hearing for the purpose of oral argument was held before the Board on January 9, 1940, in Washington, D. C.. The Company, the Federal, and the T. W. U. were represented by counsel and participated in the argu- ment. The Federal and the T. W. U. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : i Matter of The Barre Wool Combing Company. Limited and Federal Labor Union No. 21928, affiliated with the American Federation of Labor, Regional File No. I-C-1041. 2 Although the proceedings on the petition and the alleged unfair labor practices were consolidated for all purposes , separate hearings were held and separate records made. 1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Barre Wool Combing Company, Limited, a Massachusetts corporation, is engaged in the business of processing wool top at Barre, Massachusetts. Each year the Company receives approxi- mately 20,000,000 to 25,000,000 pounds of wool, greasy weight, from customers located in foreign countries and States other than the Commonwealth of Massachusetts. From this wool the Company manufactures approximately 10,000,000 to 12,000,000 pounds of wool top annually. A considerable portion of this wool top is sent at the direction of customers of the Company to places outside the Commonwealth of Massachusetts. During 1938 the Company purchased raw materials amounting in value to $325,000 and consisting of soda ash, soap, combing oils, card clothing, bristles, packing materials, sulphuric acid, dye stuffs, chemi- cals used in dyeing, coal, and other miscellaneous raw materials. All of the soda ash, soap, combing oils, bristles, sulphuric acid, and coal, amounting in value to $145,000, and some of the remaining raw ma- terials, were obtained outside the Commonwealth of Massachusetts. II. THE ORGANIZATIONS INVOLVED Federal Labor Union No.-21928 is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company.3 The Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. South Barre Employees' Local Union, Inc., is a labor organization, admitting to membership employees of the Company. III. THE STIPULATION At the commencement of the hea-ring all the parties stipulated that: (1) A question has arisen concerning the representation of the employees of the Company. (2) The Local Union waives its right at the present time to repre- sent employees of the Company. (3) The Federal and the T. W. U. each have substantial membership among the employees of the Company. ,(4) The Board may direct an election among the employees of the Company in an appropriate bargaining unit to determine whether they desire to be represented by the Federal, the T. W. U., or neither. s The Federal is presently in the process of affiliating with United Textile-Workers of America, a labor organization which in turn is affiliated with the American Federation of Labor. THE BARIRE WOOL COMBING C'OMPAN'Y, LTD. 1011 (5) A current pay roll should be used to determine eligibility to vote in this election. (6) Nothing contained in this stipulation shall in any way prejudice the rights of the parties in the proceeding involving the alleged commission of unfair labor practices by the Company. IV. THE QUESTION CONCERNING REPRESENTATION We find, ,upon the.basis of the stipulation set forth above, that a question has arisen concerning the representation of employees of the Company. V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operation 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. VI. THE APPROPRIATE UNIT The Federal herein seeks a unit composed of production employees with "maintenance employees, executives, overseers, section hands, su- pervisors, office help, and company police" excluded. The T. W. U. agrees that production employees belong in the appropriate, unit but would also include maintenance employees and section hands. Al- though the Company favors the broader unit sought by the T. W. U., it averred at the hearing that "it is up to the competing unions to decide which ones [classifications of employees] they want to exclude." Neither the Federal nor the T. W. U. has bargained collectively with the Company on behalf of any of, its employees. The Federal and the T. W. U. agree, and, in accordance with our usual practice, we find that the executives, overseers, office workers, timekeepers, and company police should be excluded from the appropriate unit. The Federal, as we have noted above, would also exclude the maintenance employees. The following have been designated as maintenance employees' bagmen, laborers, machinists, pin men, 4 The Federal maintains that the bagmen, pin men, and brushmakers , should properly be classified as production employees and included in the unit . In the light of our finding of the appropriate unit, it is unnecessary for us to determine whether these employees are maintenance or production. The Federal places great stress upon the fact that the maintenance employees tend such company property in Barre , Massachusetts , as hotels, employees' homes , etc. However, that work occupies but a small portion of their time. 1012 DECISIONS OF NATIONAL LABOR RELATIONS BOARD brushmakers, truck drivers, painters, engine-room operators, elec- tricians, carpenters, plumbers, beltman, watchmen, and a miscellane- ous group including an elevator operator, a janitor, and a person in charge of toilets. The Federal explained during the hearing that the maintenance employees fall within the jurisdiction of other Inter- nationals affiliated with the American Federation of Labor. In or- ganizing, however, the Federal has taken into membership both pro- duction and maintenance employees. Nevertheless, it maintains that it intends to cede the maintenance employees to the appropriate In- ternationals. of the American Federation of Labor. In so far as the record reveals, no other affiliate of the American Federation of Labor has members among the employees of the Company,' nor is there evi- dence that any other affiliate has claimed jurisdiction of any of the employees. Under the circumstances, we do not believe that the maintenance employees should be excluded from the appropriate unit.6 Of the production employees, the Federal would exclude the woo] warehousemen on the ground that the American Federation of Labor granted jurisdiction over "inland warehouses" to the International Brotherhood of Teamsters, Chauffeurs, Stablemen & Helpers at its annual convention in 1937. This union, however, has not, so far as the record discloses, claimed to represent any of the wool warehouse- men. We are of the opinion that the wool warehousemen should be included within the appropriate unit. The Federal would also exclude from the appropriate unit a group of employees classified as processing control employees. ar- guing that they "are peculiarly skilled employees who require un- usually good eyesight, who use delicate scales and apparat.i, who are not listed as production or maintenance employees of the Com- pany." These employees check on various operations of production to determine whether they are being performed properly. The Company averred that "there is no question whatsoever that they are the same as the other production employees." They are paid on an hourly basis and average from 37 to.621/2 cents per hour, which is equivalent to the wages received by other production employees. They are under the supervision of overseers in charge of other pro- duction employees. In the light of all the circumstances, we hold that they belong within the appropriate unit. While the T. W. U. agrees with the Federal that clerical employees should be excluded, it insists that three of the employees listed by the Company as clerical are so intimately associated with produc- 6 Cf. Matter of Selby Shoe Company, Portsmouth, Ohio and Portsmouth Printing Press- men and Assistants' Union No. 296, of the I. P. P. & A. U. of N. A.. 15 N. L. R. B. 489. THE BARE WOOL COMBING CO'MPAN'Y, LTD. 1013 tion that they should also be included within the appropriate unit" Although . these employees perform duties in connection with pro- duction, they are essentially clerical employees. We shall exclude them from the appropriate unit. The Federal maintains that the section hands should be excluded from the appropriate unit as supervisory employees. The duties of section hands were fully investigated in the proceeding involving the alleged commission of unfair labor practices by the Company. Dur- ing the hearing in this proceeding the T. W. U., which was not a party to the unfair labor practice proceeding, stated that it was uncertain whether the section hands were or were not supervisory employees and that it would rely upon the Board to determine "whether they do supervisory work." In its brief, however, the T. W. U. stated that "Counsel has been informed that the testimony in the `C' case shows that these section hands are not supervisory employees" and "that they should be included in the unit." We have in previous cases excluded section hands from the appropriate unit z and in the light of the Federal's petition, we are of the opinion that they should be excluded from the appropriate unit in this case.8 During the hearing the Federal and the T. W. U. agreed to exclude salaried employees from the appropriate unit. These employees, five in number, include a nurse, a dyeing assistant, a customer contact man, a personnel director, and a paymaster. We do not believe that these employees properly belong within the appropriate unit and we shall exclude them.9 We find that all production and maintenance employees of the Com- pany, excluding executives, overseers, section hands, office workers, timekeepers, clerks, salaried employees, and company police, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. 6 William Hudson "stamps tickets," "watches lots," "checks the operating hours of the aprons that have been used on the machines," and "sends samples to customers ." Walter Babcock is a shipping and receiving clerk in the warehouse ; " plans the utilization of storage space, and designates which lots are to be shipped." Saverio Tancredi "lines up wools for processing and prepares a report of wools which have been processed." 7 See Matter of Borden Mills, Inc. and Textile Workers Organizing Committee, 13 N. L. R. B. 459. 8 While we are excluding the section hands from the appropriate unit, our decision does not affect the rights of the parties in the proceeding involving the, alleged commission of unfair labor practices by the Company. 8 Cf. Matter of Luckenbach Steamship . Company, Inc. and Maritime Office Employees Association, International Longshoremen's and Warehousemen's Union, Local 1-41,, 12 N. L. R. B . 1333; Matter of F. E. Booth & Company, et at. and Monterey Bay Area Fisk Workers Union, No. $3, 10 N. L. it. B. 1491. 283030-41-. vol. 19--65 1014 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VII. THE DETERMINATION OF REPRESENTATIVES In accordance with the stipulation referred to in Section III above, we shall direct an election among the employees in the appropriate unit to determine whether they desire to be represented for the pur- poses of collective bargaining by the Federal, the T. W. U., or by neither. The employees of the Company within the appropriate unit who were on the Company's pay roll immediately preceding the date of our Direction of Election herein, excluding those who have since quit or been discharged for cause but including those who are sick, on vacation, or temporarily laid off, shall be eligible to vote in this election. Upon the basis of the above findings of fact and upon the entire 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 The Barre Wool Combing Company, Limited, Barre, Massachusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production and maintenance employees of the Company, excluding executives, overseers, section hands, office workers, time- keepers, clerks, salaried employees, and company police, 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 Re- lations Act, 49 Stat. 449, 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 ordered by the Board to ascertain representatives for the purpose of collective bargaining with The Barre Wool Combing Company, Limited, Barre, Massa- chusetts, an election by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Di- rector 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 the production and main- tenance employees of the Company who were employed by the Com- pany during the pay-roll period next preceding, the date of this THE BARRRE WOOL COMBING COMPANY, LTD. 1015 Direction of Election, including those employees who were sick, on vacation, or temporarily laid off, but excluding executives, overseers, section hands, office workers, timekeepers, clerks, salaried employees, company police, and all employees who have since quit or been dis- charged for cause, to determine whether they desire to be. represented for the purpose of collective bargaining by Federal Labor Union No. 21928, affiliated with the American Federation of Labor, by Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, or by neither.