Blackstone Mills, Inc.

National Labor Relations Board - Board Decisions

Feb 29, 1952

98 N.L.R.B. 410 (N.L.R.B. 1952)

410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement; thereby -permitting this agreement to renew itself for
another year.' It is thus evident that the Employers have indicated
an intention to be bound in collective bargaining by group rather
than by individual action. The fact that they have not also organized
into a formal association 4 or that each Employer handles its own em-
ployee grievances does not preclude the establishment of a multi-
employer unit.
In view of the long history of collective bargaining on a multi-
employer basis and the absence of unequivocal evidence that the em-
ployers intend to abandon their practice of bargaining jointly, we
find that the single employer units requested by the Petitioner are
inappropriate. As the Petitioner does not seek an election in the
broader unit, we shall dismiss the petitions herein.
Order
Upon the basis of the entire record in this proceeding, the National
Labor Relations Board hereby orders that the petitions herein be,
and they hereby are, dismissed.
a As the petitions , however , were timely filed before the operation of the automatic re-
newal clause in the Intervenor ' s contract , this proceeding is not barred
- 4Abbotts Dairies, Inc, et at , 97 NLRB 1064.
BLACKSTONE MILLS, INC." acrd TEXTILE WORKERS UNION OF AMERICA,
. CIO , PETITIONER. Case No. I-RC-2495 . February 29, 1952
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert S. Fuchs, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act. -
- 2. The labor organizations involved claim to represent employees
of the Employer. -
3. No question affecting commerce exists concerning the, representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section (2) (6) and (7) of the Act, for the follow-
ing reasons :
I The petition and other formal papers were amended at the hearing to show the correct
name of the Employer.
98 NLRB No. 59.
BLACKSTONE, MILLS, INC. ` 411
The Employer entered into a contract with-United Textile Workers
of America, AFL, and its Local No. 1817, hereinafter called the Inter-
venor, on October 19, 1951, effective that date until May 25, 1953. It
covers all employees with certain enumerated exceptions, at the Clin-
ton, Massachusetts, plant of the Employer, and contains the following
union-security provisions :
ARTICLE IV
Union Membership and Check-off
The Company agrees to employ in its mill only such persons
who are in good standing with the United Textile Workers of
America, AFL through its subordinate Local #1817, excepting
executives, foremen, assistant foremen, loomfixers, draftsmen,
chemists, general office and administrative workers, firemen,
watchmen, powerhouse employees, engineers, and maintenance
men (steamfitters, carpenters, electricians).
All employees shall be required to join the Union after a 30-day
period following their employment or the effective date of this
Agreement, whichever is later, and shall remain members in good
standing in the Union as a condition of employment.
The Petitioner desires to represent all employees at the Clinton,
Massachusetts, plant of the Employer, covered by the 1951 contract.
The Employer and the Intervenor maintain that the petition is barred
by this contract, but the Petitioner contends that the contract is re-
moved as a bar because it contains an illegal union-security clause.
The Petitioner contends that the union-security clause is a closed-
shop provision in violation of the provisions of the Act. More spe-
cifically, Petitioner argues that, under the terms of article IV, all
those seeking employment must first become union members before
they can be employed, and that the second clause completes the closed-
shop requirements of the contract by forcing all existing employees
to become members within 30 days and remain in good standing. We
do not agree. To adopt such a construction would arbitrarily restrict
the application of the phrase "following their employment," in the
second paragraph, to old employees. No justification for such a
restrictive interpretation appears in the contract. It is our opinion
that this language applies to new employees as well, and we can only
conclude therefore that an applicant for employment can be hired
without being compelled to join the Union until the 30-day period
has elapsed.
Paragraph 2 of article IV then which closely conforms to the
statutory language of Section 8 (a) (3) of the Act, affords all, em-
ployees who, on the effective date of the contract were not u nion mem-
bers, 30 days following their employment or the effective date of the
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement, whichever is later, to join the Union. Further, we do
not think that the first paragraph of article IV imposes any obliga-
tion to hire only such new employees who are members of the Union,
but is merely a statement of the Employer's general obligation to
abide by the union-security provision as set forth in article IV.2
For the reasons stated in Davis Motor Company, Inc.,' we reject
the Petitioner's second contention that the above provision is invalid
because no union-authorization election was conducted by the Board
pursuant to Section 9 (e) of the Act. Accordingly, we find that the
existing contract between the Employer and the Intervenor is a bar
to the petition herein and shall dismiss the petition.4
Order
IT IS HEREBY ORDERED that the petition filed by the Textile Workers
Union of America, CIO, be, and it hereby is, dismissed.
2 See Danita Hosiery Manufacturing Company , 97 NLRB 1499.
We think it is evident that the phrase "through its subordinate Local #1817 " in para-
graph 1 is not an agreement to hire union members through the Local. The provision
for becoming a member 30 days after employment supports this view , for such a provision,
as noted above , presupposes the right to hire nonmembers . Moreover, this phrase does
not modify "employ ," but rather indicates that an employee achieves good standing in
the United Textile Workers of America, AFL , through Its Local #1817.
3 97 NLRB 125.
4In view of our decision herein, Intervenor ' s motion to reopen the hearing is denied.
ORDILL FOUNDRY & MANUFACTURING Co., INC. and LOCAL 135, INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMER-
ICA, AFL,1 PETITIONER. Case No. 14-RC-1598. February 29, 1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Glenn R. Moller, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain
employees of the Employer .2
3 As amended at the hearing.
2 District 50, United Mine Workers , hereinafter called the Intervenor , intervened at
the hearing on the . basis of Its contractual interest . The status of its Local 13346 is
discussed within.
98 NLRB No. 53.