A. D. Julliard & Co., Inc.

National Labor Relations Board - Board Decisions

Mar 19, 1942

39 N.L.R.B. 933 (N.L.R.B. 1942)

In the Matter of A. D. JIIILLIARD & COMPANY, INC., NEW YORK MILiA
DIVISION & ONEIDA BLEACHERY , INC. and UTICA JOINT BOARD,
T. W. U. A.
1. 11
Case No; R-3577.-Decided March 19, 1942
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition ; "closed-shop" contract entered
into with rival union after filing of petition and- not asserted as a bar, no
bar to; eligibility determined by pay roll preceding execution of "closed-shop"
contract ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory, office, and clerical employees ; stipulation as to.
Mr. John D. Strain, of Utica, N. Y., for the Company.
Mr. David Jaffe, of New York City, for the T. W. U. A.
Mr. Herbert S. Thatcher, of Washington, D. C., for Local 753.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On'January 20, 1942, Utica Joint Board, T. W. U. A., herein called
the T. W. U. A., filed with the Regional Director for the Third Region
(Buffalo, New York) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
A. D. Juilliard & Company, Inc., New York Mills Division & Oneida
Bleachery, The., New York Mills, New York, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On February 9, 1942, 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 or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
39 N. L. R. B., No. 183.
933
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 11, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the T. W.
U. A., and Local 753, United Textile Workers of America, A. F. of L.,
herein called Local 753, a labor organization claiming to represent
employees directly affected -by the investigation. Pursuant to notice
a hearing was held on February 26, 1942, at Utica, New York, before
Webster Powell, the Trial Examiner duly designated by the Chief
Trial Examiner. The T. W. U. A. and Local 753 were represented by
counsel and the Company, by its representative; all 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 Ex-
aminer made several rulings on motions and on objections to the ad-
mission 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 March 11 and 12, 1942, respectively,
the T. W. U. A. and Local, 753 filed briefs, which the Board has con-
sidered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. D. Juilliard & Company, Inc., New York Mills Division & Oneida
Bleachery, Inc.,, is engaged at New York Mills, New York, in the
manufacture of corduroy and velveteen materials. In 1941 the Com-
pany used at its New York Mills, New York, plants, here involved, raw
materials valued at approximately $2,500,000, about 75 percent of
which represented shipments received from points outside the State
of Nev. York. During the same period the Company manufactured
tit its New York Mills plants products valued at approximately
$8,000,000, about 35 percent of which was shipped to points outside
the State of New York.
For the purpose of this proceeding, the Company admits that it is
engaged in commerce within the meaning of the Act.
IT. THE ORGANIZATIONS INVOLVED
Utica Joint Board, T. W. U. A., known as Textile Workers Union
of America, is a labor organization ,affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
1In a stipulation between the parties on which these findings as to the business of the
Company are based , it is stated that the "Company " is a Delaware corporation . It does
not appear whether reference is thus made to ,A. D. Juilliard & Company, Inc ., or to New
York Mills Division & Oneida Bleachery , Inc, or to both.
A. D. J ILLLARD & GOIVIPANY, 1TXC. 935
Local -753, United Textile Workers,of America, is a labor,organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In or about August 1939 the Company and Local 753 entered into
a collective bargaining agreement which, by its terms, remained in
effect until December 31, 1940, and which was automatically renewed
until December 31, 1941.2 On November 14, 1941, the T. W. U. A.
advised the Company that it represented a large number of employees
and requested the Company to refrain from renewing it's contract with
Local 753 and' to negotiate, instead, a collective bargaining agreement
with the T. W. U. A. On November 19, 1941, the Company replied,
refusing to enter into negotiations with the T. W. U. A., because of
the existence of its agreement with Local 753. Thereafter, the Com-
pany and Local 753 extended the August 1939 agreement to January
31, 1942.
On January 18, 1942, Local 753 voted to change its affiliation to ,the
T. W. U. A.3 On January 19 and 20 the T. W. U. A. advised the Com-
pany of the change in affiliation and claimed to represent a majority of
the Company's employees. The Company again refused to bargain
with the T. W. U. A. because of its agreement with Local 753. On
January 20, the T. W. U. A. filed its petition herein. On January 31,
counsel for the Company advised the T. W. U. A. that if the Company
and Local 753 entered into a new agreement, it would be subject to
termination if the T. W. U., A. were certified pursuant to the petition
herein. On the same day the Company and Local 753 entered into a
collective bargaining agreement which provided that it should continue
until December 31, 1942, "and from year to year thereafter unless
terminated by either party."
A statement by the Trial Examiner which was introduced at the
hearing indicates that the T. W. U. A. represents a substantial number
of employees in the unit hereinafter found to be appropriate .4
2 The contract provided •
This agreement shall take effect on September 1st, 1939 and shall remain in force
from the date of signing to December 31st, 1940 Either party desirink a change shall
give notice in writing, between November 15th and December 31st, to the other party ,
otherwise , this agreement shall continue in force for another year
' The record contains conflicting claims and conflicting evidence as to the propriety of
the meeting and the accuracy of the tabulation of the votes . In view of the other circum-
stances of this case , it is unnecessary for us to resolve the conflict.
' The statement shows that the T W U A submitted 973 membership cards, 712 of
which bore signatures which appeared to be genuine and corresponded'to names ofpersons
appearing on the Company ' s pay roll of January 29, 1942 That pay roll , which included
employees in the unit hereinafter found to be appropriate . contained 2,279 names Two
of the cards were dated in September , 10 in October, 13 in November , 25 in December 1941,
333 in January , and 65 in February 1942 Local 753 , having an agreement with the Com-
pany, submitted no proof of its membership
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation of
the employees of the Company .5
IV. THE EFFECT O} 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. 1
V. THE APPROPRIATE UNIT
The parties stipulated, and we find, that all production and main-
tenance employees of the Company, excluding supervisory; office, and
clerical employees, constitute a unit appropriate for the,. purposes of
collective bargaining. We find further that such unit will insure to
the 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 concerning representation which has
arisen can best be resolved by an election by secret ballot. The T. W.
U. A. requested that eligibility to vote be determined by the pay roll
of January 29, 1942, on the ground that the agreement entered into
between the Company and Local 753 on January 31,, 1942, provided
for a "closed shop." 7 Local 753 requests that in the event of an elec-
tion eligibility to vote be determined by the pay roll next preceding
the date of the Direction of Election. A representative of Local 753
'testified, moreover, that it would not ask the Company to enforce -the
"closed shop" provision of the agreement until the petition herein is
6 None of the parties contended that the agreement of January 31, 1942, between the
Company and Local 753 constituted a bar to this proceeding . In any event , hoNNever, we
would not hold the contract to be a bar to an investigation and'determination of repre-
sentatives.
6 The parties agreed that all supervisory employees , down to and including second, bands,
should be excluded.
a The provision in question reads as follows.
It is agreed that preference will be given to Union members . All present loom-
fixers , production and maintenance employees shall become members of the Union
or Unions within two weeks of the signing of the agreement or be subject to the
terms of this agreement. All new and inexperienced employees hired by the Em-
ployer and remaining in the employ of the Employer for a period of 4 weeks, must'
become members of the Union All new experienced employees hired by the Em-
ployer and remaining in the employ of the Employer for a period of 2 weeks, must
become members of the Union I '
The Employer agrees that employees failing to live up to the provisions of this
section shall not elibible [sic] for employment. . . .
A. D. JUIMIAND & CIOMPANY, I NC. 937
disposed of by the Board. There is no evidence, however, that the
Company will refrain from enforcing the provision in question. We
shall direct, therefore, that those eligible to vote in the election shall
be the employees within the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding Jan-
uary 29, 1942, subject to the limitations and additions set forth in the.
Direction.8
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 A. D. Juilliard & Company, Inc., New York
Mills Division & Oneida Bleachery, Inc., New York Mills, New York,
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 of the Company, ex-
cluding supervisory, 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 Relations
Act, and pursuant to Article III, -Section 8, of National Labor Rela-
tionsBoard 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 A. D. Juilliard & Company, Inc., New York Mills Division &
Oneida Bleachery, Inc., New York Mills, New York, an election by
secret ballot shall be conducted as soon as possible but, not later than
thirty (30) days from the date of this Direction, under the direction
and supervision of the Regional Director for the Third 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 during the pay-roll period immediately preceding January
29, 1942, 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 supervisory, office, and clerical employees, and employees
° See Matter of Textileather Corporation and Federal Labor Union No. 22008 (A F. L.),
35 N . L. R. B. 7.
938 DECISIONS OF NATIONAL ' LABOR , RELATIONS BOARD,
who have since quit or been discharged for cause to determine whether
they desire to be represented by Utica Joint Board, T. W. U. A.,
affiliated with the Congress of Industrial Organizations, or by Local
753, United Textile Workers of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.