Arlington Mills

In the Matter of ARLINGTON MILLS and FEDERATION OF WOOLEN & WORSTED WORKERS, UTWA-AFL In the Matter of ARLINGTON MILLS and TEXTILE WORKERS UNION OF AMERICA Cases Nos. R-2'90 and R-, 396.Deeided'April 17,1941 Jurisdiction : textile manufacturing industry. Practice and Procedure : petition dismissed where no appropriate units within the scope of the petition. Ropes, Gray, Best, Coolidge & Rugg, by Mr. Charles E. Wyzanski, Jr. and Mr. Robert D. Price, of Boston, Mass., for the Company. Mr. Mervin N. Bachman, of Providence, R. I., and Mr. Herbert Thatcher and Mr. Frank Gorman, of Washington , D. C., for the U. T. W. A. Mr. David Jaffe, of New York City, for the T. W. U. A. Mr. Louis Cokin, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On September 13, 1940, Federation of Woolen & Worsted Workers of America , UTWA-AFL, herein called the U. A. W. A., filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a question affecting commerce had arisen con- cerning' the representation of employees of Arlington Mills, Law- rence, Massachusetts , herein called the Company , and requesting aui investigation and certification of representatives pursuant to Section 9 (c) of the National 'Labor Relations Act, 49 Stat. 449, herein called the Act. On January 18, 1941 , the Board, acting pursuant to Sec- tion 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.l i Prior to taking such action, the Board had , on October 14, 1940, issued an order dis- missing the petition , and had, on November 25, 1940, issued a further order revoking its previous order dismissing the petition. -31 N. L.R.B,No.6. 21 22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On January 22, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the U. T. W. A., and Textile Workers Union of America, herein called the T. W. U. A., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 4, 1941, at Lawrence, Massachusetts, before Benjamin E. Gordon, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. T. W. A., and the T. W. U. A. were represented by counsel and, participated in the hearing. At the commencement of the hearing the Trial Examiner granted a motion of the T. W. U. A. to intervene. 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 mo- tions 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. On February 10, 1941, the U. T. W. A. filed a brief and on February 17, 1941, the Company and the T. W. U. A. filed briefs, all of which have been considered by the Board. Pursuant to notice duly served upon all the parties, a hearing for the purpose of oral argument was held before the Board on February 18, 1941, in Washington, D. C. The Company, the U. T. W. A., and the T. W. U. A. were represented by counsel and participated in the aigument. On February 12, 1941, the T. W. U. A. filed with the Regional Director a petition alleging that a question affecting commerce had arisen concerning the representation of employees of the Company and requesting an_ investigation and certification of representatives pursuant to Section 9 (c) of the Act. On the same day, the T. 'W. U. A. filed a motion with the Board to stay the proceedings in the case initiated by the U. T. W. A. and requesting that that case and the one initiated by it be consolidated. On February 13, 1941; the Board denied this motion and request. On February 24, 1941, 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' on the T. W. U. -A. petition and authorized the.'Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 24, 1941, the Regional Director issued a notice of hearing, copies of which were duly seried upon the Company, the U. T. W. A., and the T. W. U. A. On March 1, 1941, the Board, acting pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regular tions-Series 2, as amended, ordered that the record in the case insti- tuted by the U. T. W. A. be reopened and that 'a further hearing be held, and, acting pursuant to Article III, Section 10 (c) (2), of said ARLINGTON MILLS 23 Rules and Regulations, ordered that the case arising on the petition of the U. T. W. A. and that arising on the petition of the T. W. U. A. be consolidated for all purposes. It also revoked its order denying the motion to consolidate filed by the T. W. U. A. on Feb- ruary 12, 1941. Pursuant to notice, a hearing on the consolidated cases was held-on March 13, 1941, at Lawrence, Massachusetts, before Benjamin E. Gordon, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. T. W. A., and the T. W. U. A. were represented by counsel and participated in the hearing. At the com- mencement of this hearing, the Trial Examiner granted a motion of the U. T. W. A. to intervene. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the second hearing the U. T. W. A.'filed a motion to amend its petition to alter the scope of the unit set forth therein. The motion was granted. During the course of the hearing the T. W. U. A. moved to dismiss the petition, as amended, filed by the U. T. W. A. The Trial Examiner reserved ruling thereon. The motion is hereby granted for the reasons stated in Section III below. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has re- viewed all the rulings of the Trial Examiner and finds that no prej- udicial errors were committed. The rulings are hereby, affirmed. On March 23, 24, and 25, 1941, respectively, the U. T. W. A., the Company, and the T. W. U. A. filed briefs which the Board has r considered. 'Pursuant to notice duly served upon all the parties, a hearing for the purpose of oral argument on the consolidated cases was held before the Board on April 1, 1941, in Washington, D. C. The Company, the U. T. W. A., and the T. W. U. A. were- represented by counsel and participated in the argument. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Arlington Mills, a' Massachusetts corporation, with its principal office and plant at Lawrence, Massachusetts, is engaged in the manu- facture, processing, sale, and distrubution of textile fabrics, cloths, amid yarns. During a 6-month period ending June 30, 1940, the Com- pany purchased wool valued in excess of $2,000,000, more than 90 per cent of which was purchased in States other than the State of Massachusetts. During the same period, the Company manufactured finished products valued in excess of $3,000,000, more than 90 per 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cent of which were delivered by the' Company into and through States of the United States other than the State of Massachusetts. The Company admits for the purpose of this proceeding that it is en- gaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. H. THE ORGANIZATIONS INVOLVED Federation of Woolen and Worsted Workers of America, char- tered by the United Textile Workers of America, is a labor organi- zation affiliated with the American Federation of Labor. It admits to membership employees of the Company. Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE APPROPRIATE UNIT The U. T. W. A. urged at the original hearing that all production and maintenance employees in the wool room of the Company, ex- cluding second hands and supervisory employees, constituted an ap- propriate unit. As stated above, at the commencement of the second hearing in this proceeding, the U. T. W. A. amended its petition to allege that an appropriate unit consisted of all wool sorters, trap- pers, and apprentices in the wool room of the Company, excluding second hands and supervisory employees. The T. W. U. A. contends that all employees in the top mill of the Company, excluding sec- tion and second hands and supervisory employees, constitute an ap- propriate unit. The Company contends that the units sought by the U. T. W. A. and the T. W. U. A. are inappropriate inasmuch as its entire plant should constitute an appropriate unit, and urges the dis- missal of the petitions herein. - There are approximately 58 employees in the new unit now urged by the U. T. W. A. to be appropriate, and approximately 1800 em- ployees in the unit urged by the T. W. U. A. The Company em- ploys approximately 6500 employees., The unit urged by the T. W. U. A. is more inclusive than and includes the unit urged by the U. T. W. A. A representative of the Company testified that the Company's operations in all of its departments are highly integrated, that the Company maintains a uniform labor policy for all of its employees, and that it has a single personnel director. The U. T. W. A. and the T. W. U. A. stated at the hearing that the entire mill was the most appropriate unit but that for the present the units urged by them were appropriate. They also stated that in the event the Board finds the units urged by them to be inappropriate, their next choice would be the entire mill, although they do not desire an election in such unit at this time. The U. T. W. A. and the T. W. U. A. are ARLINGTON MILLS 25 actively engaged in organizational campaigns covering all of the em- ployees of the Company and at the time of the hearing it appeared that the T. W. U. A. claims to represent approximately 1,000 employ- ees who are not in the unit urged by it to be appropriate at this - time, and that the U. T. W. A. claims to represent a substantial num- ber of the employees in departments of the Company other than the one it urges at this time. Employees in all departments of the Com- pany are eligible to membership in the locals at the Company's plant chartered by the U. T. W. A. and the T. W. U. A. In view of the fact that the locals of the U. T. W. A. and the T. W. U. A. at the Company's plant admit to membership all the employees of the Company, that such organizations are at present engaged in extensive organizational campaigns covering all the em- ployees of the Company, that both organizations claim to represent a substantial number of employees of the Company who are not in the units urged by them, and that both admit that the whole plant constitutes the most appropriate unit, we find that the units sought to be established by the U. T. W. A. and the T. W. U. A. in the present case are not appropriate at this time for the purposes of col- lective bargaining. We shall, therefore, dismiss the petitions without prejudice. IV. THE QUESTIONS CONCERNING REPRESENTATION Since, as pointed out in Section III above, the bargaining units sought to be established by the petitions are inappropriate for the purposes of collective bargaining, we find that no questions have arisen concerning the representation of employees in appropriate bargaining units. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No questions concerning the representation of employees of Arling- ton Mills, Lawrence, Massachusetts, in units which are appropriate for the purposes of collective bargaining have arisen, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact and conclusion of law, the National Relations Board hereby orders that the petitions for in- vestigation and certification of representatives of employees of Ar- lington Mills, Lawrence, Massachusetts, filed by Federation of Woolen' & Worsted Workers of America, U. T. W. A.-A. F. L., and Textile Workers Union of America be, and they hereby are, dismissed, with- out prejudice.