A. J. Tower Co.

National Labor Relations Board - Board Decisions

May 10, 1945

61 N.L.R.B. 1107 (N.L.R.B. 1945)

In the Matter of A. J. TowER COMPANY, CARTER DIVISION and AMAL-
GAMATED CLOTHING WORKERS OF AMERICA, C. I. O.
Case No. 1-B-2353.-Decided May 10, 1945
Mr. John T. Noonan, of Boston, Mass., for the Company.
Mr. George E. Rower, of Boston, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Clothing Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of A. J. Tower Company, Carter Division, Beverly, Massa-
chusetts, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Samuel G. Zack, Trial Examiner. Said hearing was held at Salem,
Massachusetts, on April 20, 1945. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. J. Tower Company, is a Massachusetts corporation operating a
plant at Beverly, Massachusetts, known as the Carter Division, where
it is engaged in the manufacture of waterproofed oil clothing. Dur-
ing the six months preceding the hearing about $5,000 worth of the
raw materials used by the Company at its Carter Division was shipped
to it from points outside the Commonwealth of Massachusetts. Dur-
61 N. L. R. B., No 184.
1107
1108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing the same period the Company shipped. products from its Carter
Division to points outside the Commonwealth of Massachusetts valued
in excess of $250,004.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE CRGANIZATION INVOLVED
Amalgamated Clothing Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membersh ip employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During March 1945 the Union requested the Company to recognize
it as exclusive collective bargaining representative of the employees at
the Carter Division. The Company refused this request until such
time as the Union is certified by the Board.
A statement of a, Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production employees at the Carter Divi-
sion of the Company, including shipping and receiving department
employees, but excluding office and clerical employees, executives,
engineers and firemen in the steam plant, and supervisors, constitute
a unit appropriate for the purposes of collective bargaining. The
Company did ilot take any position with respect to the unit. Evidence
introduced at the hearing indicates that the employees claimed by the
Union constitute a well-defined homogeneous group.
We find that all production employees at the Carter Division of the
Company, including shipping'and receiving department employees,
but excluding office and clerical employees, engineers and firemen in
the steam plant, executives, and all supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
1 The Field Examiner reported that the Union presented 61 authorization cards bearing
the names of persons who appear on the Company's pay roll of March 9, 1945 There aie
approximately 92 employees in the appropriate unit
A. J. TOWER COMPANY
V. THE DETERMIN ATION OF REPRESENTATIVES
1109
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations land additions set forth in
the Direction.
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 [II, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. J. Tower Com-
pany, Carter Division, Beverly, Massachusetts, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
(30) clays from the date of this Direction, 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 sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Sections IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did
not work during the said pay-roll period because they were ill or on
vacation or temporarily laid oil, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
Amalgamated Clothing Workers of America, C. I. 0., for the purposes
of collective bargaining.
1VIR. JOHN M. IIcuSTON took no part in the consideration of the above,
Decision and Direction of Election.