Walter Marshall Spinning Corp. of R.I.

In the Matter Of WALTER MARSHALL SPINNING CORPORATION OF R. I. and LOCAL 1779, FEDERATION OF WOOLEN & W ORSTED WORKERS OF AMERICA, UTWA-AFL Case 'No. R--3867.Decided December 6, 1941 Jurisdiction : spinning industry. Investigation and Certification of Representatives : existence of question: Coin- pany questions union's majority in appropriate unit; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees of the Company at its Thornton, Rhode Island plant, excluding super- visory, office and clerical employees, foremen, executives and employees having the right to hire and discharge. Mr. Walter Marshall, of Camden, N. J., for the Company. Mr. Henry M. Katz, of New York City, for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 22, 1941, Local 1779, Federation of Woolen & Worsted Workers of America, UTWA-AFL, herein called the Union, filed with the Regional Director for the First Region (Boston, Massachu- setts) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Walter Marshall Spinning Corporation of R. I.,1 Thornton, Rhode Island, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 23, 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. 'At the hearing the Trial Examiner granted a motion to amend the petition and other formal, papers to show the correct name of the Company. 37 N. L. It. B., No 62. 379 380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On October 28, 1941, the Regional Director issued a notice of hear- ing copies of which were duly served upon the Company- and the Union. Pursuant to notice, a hearing was held on November 7, 1941, at Providence, Rhode Island, before Thomas H. Ramsey, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by its president, the Union by a repre- sentative, and both participated in the hearing. At the close of the hearing, the Company moved to dismiss the petition on the ground that the Union had not made a sufficient showing of membership among its employees to justify an election at this time. The motion is denied. Full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce evidence bearing on the issues was afforded both parties. During the course of the hearing the Trial Examiner made several rulings on 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 November 22, 1941, the Company and the Union filed their Stipulation to Correct Transcript. The Board hereby orders that such stipulation be, and it hereby is, made part of the official record in these proceedings. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Walter Marshall Spinning Corporation of R. I. is engaged in spinning worsted yarn from wool tops at Thornton, Rhode Island. During the course of a year the Company receives at its plant between two and two and one-quarter million pounds of wool top, 95 percent of which is received from points outside Rhode Island. During the same period the Company ships approximately 95 per cent of such wool in the form of yarn from its plant to points outside Rhode Island. During the year 1940 the Company received approxi- mately $201,000 for such processing services. H. THE ORGANIZATION INVOLVED Local 1779, Federation of Woolen & Worsted Workers of America, is a labor organization affiliated with the United Textile Workers of America and the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In May 1941 a representative of the Union asked the Company to recognize the Union as bargaining agent of its employees. The WALTER MARSHALL SPINNING CORPORATION OF R. I. 381 Company denied that the Union represented a majority of such employees and refused to recognize the Union. The Union, there- upon filed the petition in this proceeding. A statement of the Regional Director introduced into evidence indicates that the Union represents a substantial number of employees in the appropriate unit.2 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 Company and the Union agree, and we find, that all produc- tion and maintenance employees of the Company at its Thorn- ton, Rhode Island, plant, exluding supervisory, office, and clerical employees, foremen, executives, and employees having the right to hire and-discharge, constitute a unit appropriate for the purposes of collective bargaining. We further find 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 will 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, and we shall accordingly direct, an election by secret ballot. , Those eligible to vote in the election shall be employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth in the , Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : 2 The Union submitted to the Regional Director 64 applications for membeiship marked "original" and 127 marked "duplicate," of which 175 are dated in 1941 and 16 are un- dated Signatures on 63 cards appear to be duplicates Of the 128 remaining cards, 105 bear names of emplo}ees on the pay roll of September 27, 1941. There ame about 339 employees in the appropriate unit 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW J. A question affecting commerce has arisen concerning the rep- resentation of employees of Walter Marshall Spinning Corporation of R. I., Thornton, Rhode Island, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Thornton, Rhode Island, plant, excluding supervisory, office, and clerical employees, foremen, executives, and employees having the right to hire and discharge, 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 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 bargain- ing with Walter Marshall Spinning Corporation of R. I. Thornton, Rhode Island, 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 the Company who were employed dur- ing the pay-roll period immediately preceding the date of this Di- rection of Election, 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 tempo- rarily laid off, but excluding supervisory, office, and clerical em- ployees, foremen, executives, employees having the right to hire and discharge, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 1779, Federation of Woolen & Worsted Workers of Amer- ica, UTWA-AFL, for the purposes of collective bargaining.