Androscoggin Mills

In the Matter of ANDROSCOGGIN MILLS'and TEXTILE WORKERS UNION OF AMERICA, C. 1. O. Case No. R-1964.-Decided August 16,1940 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question where employer refuses to accord full recognition to union; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding supervisory, laboratory, clerical, and office, employees Skelton cl Mahon, by Mr. John J. Mahon, of Lewiston, Me., for the, Company. Mr. George Jabor, of Lewiston, Me., for the Union. Mr. Stanley D. Metzger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 26, 1940, Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, herein, called the Union, filed with the Regional Director. for the First Region (Boston, Massachusetts) a petition, and on July 6, 1940, an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Androscoggin Mills, Lewiston, Maine, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On July 11, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations 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. On July 20, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on July 29, 1940, at Auburn, Maine, before Benjamin E. Gordon, the Trial Examiner duly desig- nated by the Board. The Company was represented by counsel and 26 N. L. R. B., No. 75. 725 323429-42-vol 26-47 726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union by its representative; both 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. During the course of the hearing, the Trial Examiner made several rulings with respect 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: ..r FINDINGS OF FACT I. ' THE BUSINESS OF THE COMPANY Androscoggin Mills is a Maine' corporation, having its principal place of business at Lewiston, Maine, where it is engaged in the manufacture of cotton sheeting, pillow cases, rayon twills, taffetas, sateens, and dobbies: Approximately,, 98 per, cent of ,its raw mate- rials, consisting of cotton, rayon, and sizing material, valued r at $3,848,559 during 1939, are shipped to it from points outside the State of Maine. More than 99 percent- of, its' finished products, valued at $5,527,308 during 1939, are shipped to points outside the State of Maine. At the hearing the Company_ admitted that it is engaged in interstate commerce withih'the meaning of the Act. II. THE ORGANIZATION INVOLVED Textile Workers Union of America, affiliated with 'the Congress of Industrial 'Organizations, is a labor organization admitting to' its membership employees of 'the' Company. III. THE QUESTION CONCERNING REPRESENTATION ',' ' On May 24, 1940, the Union informed the Company that it repre- sented a majority of the employees of tlie• Company and, requested' recognition as the sole collective bargaining representative of the employees. The Company questioned the majority representation,of the, Union, 'and refused to consent to an election to determine the bargaining representative of its employees. ' At the hearing the Trial Examiner stated that approximately 443 authorization cards signed by employees of the Company, which e'm- ployed approximately' 900 employees at that time, had,been delivered to him by the Union. The parties stipulated that,those cards contsti- tuted evidence of substantial.representation by, the Union of employees Company. , of the We find that a question has arisen concerning the representation, of employees of the Company. a ,, , 'ANDROSCOGGIN MILLS 727 IV.' THE EFFECT OF.THE . QUESTION CONCERNING' REPRESENTATION UPON COMMERCE 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 At the hearing the parties stipulated'tbat all production and main- tenance emplo'y'ees of'the Company at its Lewiston, Maine,''plant, excluding supervisory, laboratory, clerical, and office employees, con- stitute an appropriate' bargaining unit.' We see 'no reason to alter the unit agreed upon. , We find" that all' production and maintenance employees of the Company at its Lewiston, Maine, plant, excluding supervisory, labo- ratory, clerical,' and office employees, constitute 'a unit appropriate for purposes ' of collective bargaining and that such 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: VI. THE DETERMINATION OF REPRESENTATIVES Both the Union and "the Company requested an election to deter- mine the question 'concerning, representation. We find that the ques- tion which has arisen concerning the representation of employees, of the Company can best be resolved by an election by secret ballot. The parties stipulated that those employees in the appropriate unit whose names appear upon the Company's pay roll of June 22, 1940, ex- . employees' marked``'out" on said pay roll, shall be eligible to vote in the election. The parties agreed to the June 22,1940, eligibil-, ity date because the Company is presently terminating its cotton proc- essing operations; amid, within 10,,weeks, will discharge approximately, 300 employees as , a result of 'such' termination. Those employees' wh'o' will lose employment are marked "out" on the June 22, 1940, pay roll. In 'view of these circumstances, we 'accept the stipulation of the parties as' to the eligibility date for pa.rticipation,in the election We shall direct that those eligible to vote shall be the employees in the, appropriate unit whose, names appear, upon the Company's' pay roll of June 22, 1940, excluding those.employees marked'"out" on said pay roll, and those who have since quit or been discharged for cause, but including any employees who did not work during said pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off. 728 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Androscoggin Mills, Lewiston, Maine, within the meaning of Section 9 (c) and Section 2 (6) (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Lewiston, Maine, plant, excluding supervisory, laboratory, clerical, and office employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the 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 Relations Act, and pursuant to Article III, Section 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Androscoggin Mills, Lewiston, Maine, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Election, under the direction 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 Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of Androscoggin Mills, Lewiston, Maine, whose names appear upon the Company's pay roll of June 22, 1940, including any employees who did not work during said pay-roll period because they were ill or on vacation, and em- ployees who were then or have since been temporarily laid off, but excluding supervisory, laboratory, clerical, and office employees, em- ployees marked "out" on said pay roll, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.