Abbott Worsted Mills, Inc.

National Labor Relations Board - Board Decisions

Dec 5, 1939

18 N.L.R.B. 133 (N.L.R.B. 1939)

III the Matter of ABBOTT WORSTED MILLS, INC. and LOCAL 287, TEXTILE
WORKERS ORGANIZING C031MITTEE OF THE C. I. O.
In the Matter of ABBOTT WORSTED MILLS, INC. and WILTON WORSTED
WORKERS ASSOCIATION
Cases Nos. R-15.94 and R-1595, respectively.Decided December 5,
1939
Textile Manufacturing Industry-Investigation of Representatives: controversy
concerning representation of employees : rival organizations ; refusal to recognize
either until Board determines which is exclusive agency ; request for withdrawal
of one petition granted ; case closed-Unit Appropriate for Collective Bargain-
ing: production and maintenance employees including painter, yard helper,
office cleaner , and clerks who assist designer , but excluding overseers and office
employees ; exclusion of painter, yard helper and office cleaner from unit
embracing other maintenance employees held not warranted merely because they
are part-time workers-Election: ordered; one union on ballot where rival
organization notified Board it did not desire to participate.
Mr. Edward Schneider, for the Board,
Mr. John R. McLane, of Manchester, N. H., for the Company.
Mr. Raymond C. Leahy, of Nashua, N. H., for the Association.
Mr. Albert J. Hoban, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
On January 30 and March 7, 1939, Local 287, Textile Workers
Organizing Committee, herein called Local 287, affiliated with the
Congress of Industrial Organizations, and Wilton Worsted Workers
Association, herein called the Association, respectively, filed with
the Regional Director for the First Region (Boston, Massachusetts)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Abbott Worsted Mills,
Inc., of Wilton, New Hampshire, herein called the Company, and
requesting an investigation and certification of representatives pur-
18 N. L. R. B., No. 19.
133
134 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act.
On October 2, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, and Article III, Section 10. (c) (2), of
National Labor Relations Board Rules and Regulations-Series 2,
ordered an investigation in each case and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice, and further ordered that the cases be consolidated
for the purposes of hearing.
On October 7, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon Local
287, and upon the Association. Pursuant to the notice, a hearing
was held on October 23, 1939, at Wilton, New Hampshire, before
Waldo C. Holden, the Trial Examiner duly designated by the Board.
The Board, the Company, and the Association were represented by
counsel, participated in the hearing, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses and to
introduce evidence bearing on the issues. On October 23, 1939, Local
287 notified the Regional Director that it desired to withdraw its
petition.' The request is hereby granted and Case No. R-1594 will
be ordered closed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF THE FACT
1. THE BUSINESS OF THE COMPANY
Abbott Worsted Mills, Inc., is a New Hampshire corporation en-
gaged in the manufacture, sale, and distribution of worsted cloth.
The value of the raw materials used annually by the Company,
consisting principally of worsted and silk yarns, amounts to ap-
proximately $600,000. Except for $5,000 worth of yarn which is
shipped from outside the State of New Hampshire, all yarn used. by
the Company is purchased from Hillsboro Mills of Milford, New
Hampshire. Hillsboro Mills is a corporation controlled by the ma-
jority stockholders of the Company and receives more than 90 per. cent
of its raw materials from sources outside the State of New Hampshire.
The entire product of the Company, amounting annually to $900,000
in value, is shipped to points outside of New Hampshire.
II. THE ORGANIZATIONS INVOLVED
Wilton Worsted Workers Association is an unaffiliated labor organ-
ization. It admits to membership employees of the Company paid
'The notice was given by Textile Workers Union of America , a labor organization
affiliated with the Congress of Industrial Organizations , and the successor to Textile
Workers Organizing Committee.
ABBOTT WORSTED MILLS, INCORPORATED 135
on an hourly or piece-work basis with the exception of overseers in
a supervisory capacity.
Local 287,.Textile Workers Organizing Committee, is a labor organ-
ization affiliated with the Congress of Industrial Organizations. It.
admits to membership the production employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In its petition the Association alleged that the Association and Local
287 both claimed to represent a majority of the Company's employees
in an appropriate unit. It presented evidence of a substantial mem-
bership among the employees. At the hearing the Company took
the position that it was unwilling to recognize either labor organiza-
tion until the Board determined which was the exclusive bargaining
agency.
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 1 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 Association contends that all employees on the pay roll of the
Company except a painter, yard helper, office cleaner, the overseers,
and office employees constitute an appropriate unit. An examination
of a list of job classifications introduced in evidence indicates that
the unit requested by the Association includes certain maintenance
employees designated as general repairman, general repairman's
helper, and engineer-fireman. The contention that the painter, yard
helper, and office cleaner who perform maintenance functions should
be excluded from the appropriate unit is based upon the fact that
they are part-time employees and are hired only when the Company
needs them for specific jobs. We are of the opinion that this circum-
stance does not warrant their exclusion from a unit which embraces
the other maintenance employees of the Company. We shall there-
fore include the painter, yard helper, and office cleaner within the
appropriate unit.
233029-41-10
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company employs three overseers. Each is in charge of a
department and has authority to recommend the hiring and discharge
of production employees. The office employees perform clerical work
in the plant office. We shall exclude overseers and office employees
from the appropriate unit.
The Association desires to have included within the unit two clerks
who assist the designer in the routine work of analyzing cloth pat-
terns and interpreting these analyses for the production employees.
The Company raises no objection to their inclusion. We shall include
these clerks in the appropriate unit.
We find that all production and maintenance employees of the
Company, including the painter, yard helper, office cleaner, and
clerks who assist the designer, but excluding overseers and office
employees, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
On October 14, 1939, there were 132 employees within the appro-
priate unit. At the hearing the Association introduced in evidence
a list of 60 members who had paid dues prior to June 1939. Fifty-
eight of these members of the Association were employees of the Com-
pany at the time of the hearing. The secretary-treasurer of the
Association testified that he had in his possession approximately 90
cards signed by employees during February and March 1939 and
authorizing the Association to act as their representative for the pur-
poses of collective bargaining.
We find that the question concerning representation which has
arisen can best be resolved by the conduct of an election by secret
ballot. Inasmuch as Local 287 does not desire to participate in any
election with the Association, we shall not place the name of Local
287 on the ballot.
Those employees in the appropriate unit who were employed by
the Company during the pay-roll period next preceding the date of
the issuance of this Direction of Election, including employees who
did not work during such pay-roll period because they were ill or on
vacation, and employees who were then or have since been temporarily
laid off, but excluding those who have since quit or been discharged
for cause, shall be eligible to vote.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
ABBOTT WORSTED MILLS, INCORPORATED 137
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Abbott Worsted Mills, Inc., Wilton, New
Hampshire, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
including the painter, yard helper, office cleaner, and clerks who
assist the designer, but excluding overseers and office employees, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the National Labor Rela-
tions 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 Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
Abbott Worsted Mills, Inc., Wilton, New Hampshire, an election
by secret ballot shall be conducted as early as possible but not later
than 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 Rela-
tions 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 next pre-
ceding the date of this Direction, including the painter, yard helper,
office cleaner, and the clerks who assist the designer, and those en--
ployees who did not work during such pay-roll period because they
were ill or on vacation or who were then or have since been tem-
porarily laid off, but excluding overseers, office employees, and em-
ployees who have since quit or been discharged for cause, to determine
.whether or not they desire to be represented by Wilton Worsted
Workers Association for the purposes of collective bargaining.
ORDER
By virtue of 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, it is hereby
ORDERED that the request of Local 287, Textile Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Organiza-
tions, for withdrawal of its petition be, and it hereby is, granted;
and that Case No. R-1594 be, and it hereby is, closed.