Crown Worsted Mills, Inc.

In the Matter of CRowN WORSTED MILLS, INC. and THE INDEPENDENT TEXTILE WORSTED UNION Case No. R-1741-14.-Decided March 25, 19.40 Worsted -Yain ' A1anafactnr,ng In dusts p-Investigation of Representatives: controversy concerning representation of employees ; rival unions ; refusal of employer to grant exclusive recognition until representative certified by Board- Unit Appropriate for Collective Bargaining : production and maintenance em- ployees and shippers excluding supervisory employees , office clerks , and em- ployees in all other classifications ; stipulation as to-Election Ordered: among employees in appropriate unit on pay -roll next preceding Direction and per- sons who worked any time during period from September 1, 1939, to February 10, 1940, stipulation as to Mr. Edward Schneider, for the Board. Mr. Elmer E. Tufts, of Providence, R. I., for the Company. Mr. William J. Carlos, of Providence, R. I., for the Independent. Mr. John E. Mullen, of Providence, R. I., for the A. F. of L. Mr. Norman M. Neel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 16, 1939, and February 8, 1940, the Independent Textile Worsted Union, herein called the Independent, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition and an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Crown Worsted Mills, Inc., herein called the Company, and request- ing an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, here- in called the Act. On January 30, 1940, the National Labor Rela- tions 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 21 N. L. R. B., No. 98. 1028 CROWN WORSTED MILLS, INC. 1029 On February 8, 1940, the Regional Director issued a notice of hearing, copies of which, with copies of the amended petition, were duly served upon the Company, the Independent, and upon Local 1061 of Federation of Woolen & Worsted Workers of America, United Textile Workers of America, A. F. of L., herein called Local 1061, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 19 and 20, 1940, at Providence, Rhode Island, before Edward Grandison Smith, the Trial Examiner duly desig- nated by the Board. The Board, the Company, the Independent, and Local 1061 were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. Pursuant to leave granted by the Board on February 24, 1940, Local 1061 has filed a brief in support of its contentions and the Board has duly considered it. At the hearing the Trial Examiner sustained an objection to evi- dence offered by Local 1061 to establish company domination of the Independent. His ruling is hereby affirmed.' During the course of the hearing, the Trial Examiner made several rulings on motions and on other 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 entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 2 The Company is a Rhode Island corporation having its principal office and place of business in Providence, Rhode Island, where it is engaged in the manufacture and sale of worsted yarns. The raw materials used by the Company are wool tops of which, during 1939, it purchased approximately 640,000 pounds representing about $650,000 in value. Approximately 67 per cent of these materials were received from places outside the State of Rhode Island. The Company produced during 1939 approximately 610,500 pounds of its finished products valued at $800,000 of which approximately 71 per cent were shipped to points outside the State of Rhode Island. 'See Matter of Standard Oil Company of New Je,sey and United Licensed Officers U. S. A. et al., 8 N. L. R. B. 936. 2 The findings in this section are based upon a stipulation of facts entered into by the Company and counsel for the Board. 283032-41-vol. 21-66 1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Independent Textile Worsted Union is a labor organization admitting to membership employees of the Company. Local 1061 of Federation of Woolen and Worsted Workers of America, United Textile Workers of America, is a labor organiza- tion affiliated with the American Federation of Labor admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Independent was organized October 5, 1939, following the disestablishment of the Crown Worsted Mills Employee Association which was effected by means of a stipulation.3 By letter dated October 28, 1939, the Independent claimed to represent a majority of the employees of the Company and requested a conference for the purpose of discussing matters concerning their employment. On November 1, 1939, the Company replied that it would not hold such a conference until the Independent could present certification by the Board that it represented a majority of the employees. The original petition in this proceeding was filed accordingly on November 16, 1939. It is the contention of Local 1061 that an actual question, concern- ing representation does not exist for the reason that the Independent has no present grievances to discuss. We find, however, that the pur- pose of the Independent in seeking such a conference was to obtain recognition as the exclusive bargaining representative of the em- ployees in an appropriate unit in order that it might bargain with the Company with respect to wages and hours, working conditions, and grievances generally. The Company's insistence upon certifica- tion raises a question concerning the representation of employees of the Company within the meaning of the Act.4 We find that a question has arisen concerning representation of employees of the Company. a The stipulation was a result of a charge filed by the United Textile Workers of Amer- ica alleging'a violation on the part of the Company of Section 8 (1) and (2) of the Act. After disestablishment of the Employees Association , Local 1061 filed another similar charge with respect to the Company and its relationship to the Independent. The latter charge was dismissed by the Regional Director for the reason that there was insufficient evidence to support it. Local 1061 did not seek a review of the action of the Regional Director in so dismissing it. 4 See Matter of Pennsylvania Greyhound Lines et at. and The Bi otherhood of, Rail, oad Trainmen, 3 N. L. R . B 622, 651 ; Matter of Eagle-Phenix Mills and Textile Workers Organizing Committee, 4 N L R B. 966 ; and Matter of Pier Machine Works, Inc and Industrial Union of Marine and Ship Building Woakers of America. Local No 11, 7 N, L R B 401. CROWN WORSTED MILLS, INC. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE 1031 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 It was stipulated by all the parties at the hearing that the appro- priate unit should consist of production and maintenance employees and shippers, excluding supervisory employees, office clerks, and employees in all other classifications. We shall adopt the unit, as stipulated. We find that production and maintenance employees, and shippers of the Company, excluding supervisory employees, office clerks, and employees in all other classifications, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to the 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. VI. THE DETERMINATION OF REPRESENTATIVES The Independent claims to represent a majority of the employees of the Company and adduced evidence in support of its claim. Local 1061, on the other hand, claims that a majority of the employees are interested in and desirous of becoming members of Local 1061. We find, therefore, that an election by secret ballot is necessary to deter- mine the proper representative for collective bargaining and thus resolve the question concerning representation. With respect to the eligibility of temporary employees the parties stipulated at the hearing that all those persons in the appropriate unit who have worked any time during the period from September 1, 1939, to February 10, 1940, should be entitled to vote in an election. The record shows that these persons have worked substantial periods of time and constitute a group which is regularly recalled after a lay-off when additional help is required. We shall adopt the stipulation of the parties and direct that all those employees within the appropriate unit whose names appear on the Company's pay roll' next preceding the date of this Direction, and in • addition, all other persons within the appropriate unit who worked any time during the period from September 1, 1939, to 1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD February 10, 1940, shall be entitled to participate in the selection of representatives. 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 Crown Worsted Mills, Inc., Providence,, Rhode Island, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees and shippers of the- Company, excluding supervisory employees, office clerks, and ein- ployees in all other classifications 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 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Crown Worsted Mills, Inc., Providence, Rhode Island, an elec- tion by secret ballot shall be conducted as early as possible but not later than thirty (30) 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, Section 9, of said Rules and Regulations, among all production and maintenance employees and shippers of Crown Worsted Mills, Inc., whose names appear on the Company's pay roll next preceding the date of this Direction, and in addition all other persons in the appropriate unit who have worked any time during the period from September 1, 1939, to February 10,, 1940, excluding supervisory employees, office clerks, and employees in all other classifications, and further excluding those persons who have quit or have been discharged for cause since the date of said pay roll, to determine whether they wish to be represented by the Independent Textile Worsted Union or Local 1061 of Federation of Woolen and Worsted Workers of America, United Textile Worke- of America, A. F. of L., for the purposes of collective bargaining, ci- by neither.