Crown Worsted Mills, Inc.

In the Matter of CROWN WORSTED, MFLLS ,. INC. and THE, INDEPENDENT TEXTILE WORSTED UNION Case No. R-17.44 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES June 3, 1940 On March 25, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 in the above-entitled case, and on April 6, 1940, upon motion of Local 1061 of Federation of Woolen and Worsted Workers of America, United Textile Workers of America, A. F. of L., herein called Local 1061, issued an Amendment to Direction of Election,2 omitting the name of the latter from the ballot. Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on April 24, 1940, in Providence, Rhode Island, under the direction and supervision of the Regional Director for the First Region (Boston, Massachusetts). On April 25, 1940,. the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Re- port, copies of which were duly served upon the parties. As to the balloting and its results, the Regional Director reported as follows : Total number of eligible voters--------------------------- 183 Total number of ballots cast______________________________ 150 Total number of ballots cast for the Independent Textile Worsted Union----------------------------------------- 123 Total number of ballots cast against the Independent Textile Worsted Union----------------------------------------- 27 Total number of blank ballots--------------------------- 0 Total number of void ballots------------------------------ 0 Total number of challenged ballots------------------------ 1 121 N. L. R. B. 1028. 3 22 N. L. R. B. 730. 24 N. L. IL B., No. 19. 301 302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On April 29, 1940, Local 1061 filed with the Board in Washington, D. C., objections to the conduct of the ballot on the grounds inter alia that (1) the employees were influenced in their choice by reason of the fact that the Independent is a company-dominated union; (2) supervisory employees of the Company advised voters to vote for the Independent; and (3) the representative of the Board allowed elec- tioneering within prohibited areas.3 On May 4, 1940, the Independent filed with the Regional Director a motion to dismiss the objections for the reasons, among others, that Local 1061 was not a party to the proceedings since at its own instance its name had been omitted from the ballot, and that Local 1061 had electioneered within the prohibited area by the distribution of leaflets and by other means. On May 4, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, issued his Report on Objections in which he reported the results of his investigation.' The Board has considered the Election Report, the objections and the affidavits filed by Local 1061, the motion filed by the Independent, and the Report on Objections and finds that the objections filed by Local 1061 do not raise substantial or material issues with respect to the conduct of the ballot or the Election Report. 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that the Independent Textile Worsted Union has been designated and selected by a majority of all production and maintenance employees and shippers of Crown Worsted Mills, Inc., Providence, Rhode Island, excluding supervisory employees, 8 Local 1061 submitted affidavits In support of the third and related allegations. The affiants stated in substance that an officer of the Independent was allowed to electioneer at the entrance to the building at which the voting took place, that one employee was advised how to vote while inside a voting booth, and that the Board representative was aware of such occurrences. 4 The Regional Director reported that no new evidence was submitted by the Federation In connection with the charge of company-domination of the Independent since the Federa. tion charges to that effect were dismissed by the Regional Director on January 22, 1940; that Nardillio , a section hand , who allegedly sat in front of the voting place with girls in his car, denied having done so, asserting that be had driven his wife to the polls, and had called for her afterwards ; that another employee stated that she saw Nardillio driving toward the polls with only one woman in his car. He also reported that the Board representative stopped women voters from talking in the booths as soon as he was aware of it, and that the two women accused of giving and receiving advice stated that one merely inquired where a pencil could be found , and the other replied, - "There it is right there" ; that on complaint of the Federation , the Board representative told those loitering near the entrance to the building to disperse. CROWN WORSTED MILLS, INC. 303 office clerks, and employees in all other classifications, as their repre- sentative for the purpose of collective bargaining and that pursuant to Section 9 (a) of the National Labor Relations Act, Independent Textile Worsted Union is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of em- ployment.