Continental Mills

In the Matter of CONTINENTAL MILLS and TEXTILE WORKERS UNION OF AMERICA (C. I. 0.) Case No. R-2312.Decided March 6,1941 Jurisdiction : textile manufacturing industry. Investigation and Certification of Representatives : existence of question. stipu- lated; election necessary. New employees hired to replace "regular" employees who were ill, held eligible to vote, where the Company although not considering them regular employees expected gradually to absorb them due to the expanding volume of its business and where the union did not indicate its position with respect to them. Unit Appropriate for, Collective Bargaining : production and maintenance em- ployees including watchmen but excluding supervisory, laboratory, office, and clerical employees. Watchmen included in the unit notwithstanding the Company's request for their exclusion where the only labor, organization involved which admits them to membership desires their inclusion. Skelton cC Mahon by Mr. John J. Mahon, of Lewiston , Maine, for the Company. Mr. George M. Jabar, of Lewiston, Maine, for-the T. W. U. A. Miss Charlotte Anschwt2, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE I On December 4, 1940, Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleg- ing that a question affecting commerce had arisen concerning the repre- sentation of employees of Continental Mills, Lewiston, Maine, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On January 24, 1941, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, 30 N. L. R. B , No. 13. 82 -.CONTINENTAL MILLS ' 83 ordered an investigation and authorized the Regional Director to conduct it and to provide for, an appropriate hearing upon due , notice. On January 25, 1941, the Regional Director issued • a notice of hearing, copies of which were duly served upon the Company and the T. W. U. A. Pursuant to notice, a hearing was held on February 11, 1941, at Auburn, Maine, before Benjamin E . Gordon, the Trial Examiner duly designated by the Board . The Company was repre- sented by counsel and the T. W. U. A. by duly authorized representa- tive and 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 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 entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Continental Mills, a Maine corporation with its principal office and plant at Lewiston, Maine, is engaged in the manufacture and processing of cotton dry goods. During the fiscal year ending June 30, 1940, approximately 99 per cent of the raw materials used by the Company in its operations, 'consisting principally of cotton, rayon, and starch, were purchased outside the State of Maine and were valued at about $750,000. During the same period, approximately 99 per cent of the Company's finished products were sold and shipped to points outside the State of Maine. The Company's total sales during this period approximated $1,000,000. The percentage of raw materials obtained from outside the State of Maine and the finished products shipped in interstate commerce by the Company since June 1940 approximate those for the preceding, period. The approximate number of employees with which this proceeding is concerned is 1;000. II. THE LABOR ORGANIZATION INVOLVED Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations admitting to its membership production and maintenance employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In a conference on November 27, 1940, the T. W. U. A. claimed to represent a majority of the Company's employees in an appropriate 440135-42-Vol 30-7 84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD unit and requested the Company to bargain collectively with it. It was stipulated by the parties that the Company refused to bargain collectively with the T. W. U. A. on the ground that the Company had no knowledge of the T. W. U. A.'s right to represent its employees and did not believe that the T. W. U. A. at that time represented a substantial number of employees. There was introduced in evidence at the hearing a statement by the Regional Director showing that the T. W. U. A. represents a substan- tial number of employees within the unit hereinafter found to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. 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 The T. W. U. A. urges that all production and maintenance em- ployees of the Company, excluding supervisory, laboratory, office, and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. The only controversy concerns watchmen whom the T. W. U. A. would include, and the Company would ex- clude. The seven watchmen are classified by the Company along with yardmen 2 in a single department under one foreman. The watchmen are charged with the duty of protecting the Company's property and act as gatemen and night watchmen. Since the only labor organiza- 1 The Regional Director stated that the T. W. U. A. submitted 335 membership authori- zation cards , of which 324 were dated between January 1, 1940, and January 31, 1941, and 11 were undated Three hundred and thirty-three of these appeared to bear genuine original signatures . Of these 333 signatures, 300 were the names of persons appearing on the Company 's pay roll for the week ending December 14, 1940 , which lists approximately 916 employees in the appropriate unit. At the hearing, 88 similar,cards were submitted to the Trial Examiner . The Trial Examiner stated that of these 88 cards, all of which seemed to bear genuine original signatures , 4 were dated between May 13, 1940, and' December 31 , 1940, 83 were dated between January 1, 1941, and February 11, 1941, and 1 was undated. Of these signatures 61 were names of persons appearing on the December 14, 1940, pay roll. ' The yardmen are "general utility men" who are engaged in general outside work, including local transportation of cotton, unloading of coal , and care of the grounds Their pay is somewhat lower than that of the watchmen . The parties apparently agree that yardmen be included in the appropriate unit. CONTINENTAL MILLS -85 lion here involved admits them to membership, we shall include them in accordance with our prior decisions.3 We find that all production and maintenance employees of the Com- pany, including watchmen but excluding supervisory, laboratory, of- fice, and clerical employees, 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by means of an election by secret ballot. The Company's pay roll for the week ending December 14, 1940, lists 916 employees in the appropriate unit; the pay roll for Feb- ruary 1, 1941, lists 1,048 employees. The superintendent of the Company testified that this increase was caused in large part by the current influenza epidemic and the necessity of hiring men to replace "regular" employees who were ill. He testified further that while these new men were not considered regular employees, the volume of business of the Company was expanding and the Company ex- pected gradually to absorb them. The period required for this expan- sion was not estimated. Since the T.-W. U. A. did not indicate its position with respect to these employees, we shall direct that the employees eligible to vote in this election shall be those employees in the appropriate unit during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, including employ- ees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause. 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 Continental Mills, Lewiston, Maine, Within Matter of Birmingham Tank Company, Division of The Ingalls Iron Works Company, Inc and International Association of Bridge, ' Structural and Ornamental Iron Worke,s, Shopmen's Local #539, 25 N L R B 1306, Matte, of TI'illr/s O2er7and Motors, Ine and International Union, United Automobile Worber3 of America, Local No 12, 9 N L. R B 924. 86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, including watchmen, but excluding supervisory, laboratory, office, and clerical employees, 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Continental 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 Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees who were employed by the Company during the pay-roll period immedi- ately preceding the date of this Direction of Election, including watchmen, employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding all supervisory, laboratory, office, and clerical employees, 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.