The American Thread Co.

In the Matter of THE AMERICAN THREAD COMPANY , KERR MILLS and WEAVERS PROGRESSIVE ASSOCIATION (A. F. T. 0.) Case No. R-,0809.-Decided August 14, 1941 Jurisdiction : cotton thread and yarn manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany refused to accord union recognition until it is certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees with the exception of administrative, office, clerical, and supervisory employees; agreement as to Ropes, Gray, Best, Coolidge, & Rugg by Mr. Oscar Shaw and Mr. Robert D. Price, of Boston, Mass., for the Company. Mr. Terrance J. Lomax, Jr., of Fall River, Mass., for the Association. 111r. David Jaffe, of New York City, for the T. W. U. A. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 23, 1941, Weavers Progressive Association (A. F. T. 0.), herein called the Association, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The American Thread Company, Kerr Mills, Fall River, Massachusetts, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 19, 1941, 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 21, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Association, and Textile Workers Union of America, herein called the T. W. U. A., 34 N. L. R. B., No 41. 451269-42-vol . 34-19 277 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 28, 1941, at Fall River, Massachusetts, before William S. Gordon, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Association, and the T. W. U. A. 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 issue 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. On August 11, 1941, the T. W. U. A. and the Company filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The American Thread Company is a New Jersey corporation with its principal office in New York City. It operates a plant at Fall River, Massachusetts, known as the Kerr Mills, with which we are here concerned, where it is engaged in the manufacture, sale, and dis- tribution of cotton threads and combed cotton yarns. The Company uses about $1,350,000 worth of raw materials annually at its Kerr Mills, all of which are shipped to it from points outside the State of Massachusetts. The Company manufactures finished products at its Kerr Mills, valued at more than $4,000,000 annually, over 90 per cent of which are shipped by it to points outside the State of Massachu- setts. The Company admits that it is engaged in interstate commerce within the meaning of the Act. H. THE ORGANIZATIONS INVOLVED Weavers Progressive Association of the American Federation of Textile Operators is an unaffiliated labor organization admitting to membership employees at the Kerr Mills of the Company. Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees at the Kerr Mills of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Association has requested the Company to bargain with it as the exclusive representative of employees it the Kerr Mills. The Company has denied this request until such time as the Association is THE AMERICAN THREAD COMPANY 279 certified by the Board. In July 1941, the T. W. U. A. entered into a members only contract with the 'Company covering employees in certain departments at the Kerr Mills. Such a contract clearly does not constitute a bar to a present determination of majority representa- tives. The Company, the Association, and the T. W. U. A. stipulated at the hearing that the Association and the T. W. U. A. each represent a substantial number of employees of the Company. 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. c V. THE APPROPRIATE UNIT The Association and the Company allege that all production and maintenance employees at the Kerr Mills of the Company, excluding administrative, office, clerical, and supervisory employees, constitute an appropriate bargaining unit. The T. W. U. A. did not take any position at the hearing with respect to the appropriate unit but stated that it was "dedicated to the principles of industrial unionism." We find that all production and maintenance employees at the Kerr Mills of the Company, excluding administrative, office, clerical, and supervisory employees, constitute a unit appropriate for the 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 We find that the question which has arisen concerning representa- tion can best be resolved by the holding of an election by secret ballot. The Company, the Association, and the T. W. U. A. agreed that in the event the Board directed an election , eligibility to vote should be determined by the Company's pay roll for the period immediately preceding the date of the Direction - of Election . We find that the employees eligible to vote in the election shall be those in the appropri- ate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. 280 -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 males the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The American Thread Company, Fall River, Massachusetts, 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 at the Kerr Mills of the Company, excluding administrative, office, clerical, and super- -visory 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 Relations Act, 49 Stat. 449, 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 The American Thread Company, Fall River, Massachusetts, an election by secret ballot be conducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion 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 at the Kerr Mills of the Company who were employed during the pay-roll period im- mediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding administrative, office, clerical, and supervisory employees and' those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Weavers Progressive Association (A. F. T. 0.), or by Textile Workers Union of America, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining, or by neither. 4 MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.