Continental Mills

National Labor Relations Board - Board Decisions

Mar 6, 1941

30 N.L.R.B. 82 (N.L.R.B. 1941)

In the Matter of CONTINENTAL MILLS and TEXTILE WORKERS UNION
OF AMERICA (C. I. 0.)
Case No. R-2312.Decided March 6,1941
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question. stipu-
lated; election necessary.
New employees hired to replace "regular" employees who were ill, held
eligible to vote, where the Company although not considering them regular
employees expected gradually to absorb them due to the expanding volume
of its business and where the union did not indicate its position with respect
to them.
Unit Appropriate for, Collective Bargaining : production and maintenance em-
ployees including watchmen but excluding supervisory, laboratory, office, and
clerical employees.
Watchmen included in the unit notwithstanding the Company's request for
their exclusion where the only labor, organization involved which admits them
to membership desires their inclusion.
Skelton cC Mahon by Mr . John J. Mahon, of Lewiston , Maine, for the
Company.
Mr. George M. Jabar, of Lewiston , Maine , for-the T. W. U. A.
Miss Charlotte Anschwt2 , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE I
On December 4, 1940, Textile Workers Union of America, affiliated
with the Congress of Industrial Organizations, filed with the Regional
Director for the First Region (Boston, Massachusetts) a petition alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Continental Mills, Lewiston, Maine, herein
called the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On January 24, 1941, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
30 N. L. R. B , No. 13.
82
-.CONTINENTAL MILLS ' 83
ordered an investigation and authorized the Regional Director to
conduct it and to provide for, an appropriate hearing upon due , notice.
On January 25, 1941, the Regional Director issued • a notice of
hearing, copies of which were duly served upon the Company and
the T. W . U. A. Pursuant to notice , a hearing was held on February
11, 1941, at Auburn, Maine , before Benjamin E . Gordon, the Trial
Examiner duly designated by the Board . The Company was repre-
sented by counsel and the T . W. U. A. by duly authorized representa-
tive and both 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 Examiner made several rulings on
motions and on objections to 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Continental Mills, a Maine corporation with its principal office and
plant at Lewiston, Maine, is engaged in the manufacture and
processing of cotton dry goods. During the fiscal year ending June
30, 1940, approximately 99 per cent of the raw materials used by the
Company in its operations, 'consisting principally of cotton, rayon,
and starch, were purchased outside the State of Maine and were
valued at about $750,000. During the same period, approximately
99 per cent of the Company's finished products were sold and shipped
to points outside the State of Maine. The Company's total sales
during this period approximated $1,000,000. The percentage of raw
materials obtained from outside the State of Maine and the finished
products shipped in interstate commerce by the Company since June
1940 approximate those for the preceding, period.
The approximate number of employees with which this proceeding
is concerned is 1;000.
II. THE LABOR ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations admitting to its
membership production and maintenance employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a conference on November 27, 1940, the T. W. U. A. claimed to
represent a majority of the Company's employees in an appropriate
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84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit and requested the Company to bargain collectively with it. It
was stipulated by the parties that the Company refused to bargain
collectively with the T. W. U. A. on the ground that the Company
had no knowledge of the T. W. U. A.'s right to represent its
employees and did not believe that the T. W. U. A. at that time
represented a substantial number of employees.
There was introduced in evidence at the hearing a statement by the
Regional Director showing that the T. W. U. A. represents a substan-
tial number of employees within the unit hereinafter found to be
appropriate.'
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 T. W. U. A. urges that all production and maintenance em-
ployees of the Company, excluding supervisory, laboratory, office, and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining. The only controversy concerns watchmen
whom the T. W. U. A. would include, and the Company would ex-
clude. The seven watchmen are classified by the Company along with
yardmen 2 in a single department under one foreman. The watchmen
are charged with the duty of protecting the Company's property and
act as gatemen and night watchmen. Since the only labor organiza-
1 The Regional Director stated that the T. W. U. A. submitted 335 membership authori-
zation cards , of which 324 were dated between January 1, 1940, and January 31, 1941,
and 11 were undated Three hundred and thirty-three of these appeared to bear genuine
original signatures . Of these 333 signatures, 300 were the names of persons appearing on
the Company 's pay roll for the week ending December 14, 1940 , which lists approximately
916 employees in the appropriate unit. At the hearing, 88 similar,cards were submitted
to the Trial Examiner . The Trial Examiner stated that of these 88 cards, all of which
seemed to bear genuine original signatures , 4 were dated between May 13, 1940, and'
December 31 , 1940 , 83 were dated between January 1, 1941, and February 11, 1941, and
1 was undated . Of these signatures 61 were names of persons appearing on the December
14, 1940, pay roll.
' The yardmen are "general utility men" who are engaged in general outside work,
including local transportation of cotton, unloading of coal , and care of the grounds Their
pay is somewhat lower than that of the watchmen . The parties apparently agree that
yardmen be included in the appropriate unit.
CONTINENTAL MILLS -85
lion here involved admits them to membership, we shall include them
in accordance with our prior decisions.3
We find that all production and maintenance employees of the Com-
pany, including watchmen but excluding supervisory, laboratory, of-
fice, and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining and 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 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 means
of an election by secret ballot.
The Company's pay roll for the week ending December 14, 1940,
lists 916 employees in the appropriate unit; the pay roll for Feb-
ruary 1, 1941, lists 1,048 employees. The superintendent of the
Company testified that this increase was caused in large part by the
current influenza epidemic and the necessity of hiring men to replace
"regular" employees who were ill. He testified further that while
these new men were not considered regular employees, the volume
of business of the Company was expanding and the Company ex-
pected gradually to absorb them. The period required for this expan-
sion was not estimated. Since the T.-W. U. A. did not indicate its
position with respect to these employees, we shall direct that the
employees eligible to vote in this election shall be those employees
in the appropriate unit during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, including employ-
ees 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 employees who have since
quit or been discharged for cause.
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 Continental Mills, Lewiston, Maine, Within
Matter of Birmingham Tank Company, Division of The Ingalls Iron Works Company,
Inc and International Association of Bridge, ' Structural and Ornamental Iron Worke,s,
Shopmen's Local #539, 25 N L R B 1306, Matte, of TI'illr/s O2er7and Motors, Ine
and International Union, United Automobile Worber3 of America, Local No 12, 9 N L.
R B 924.
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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,
including watchmen, but excluding supervisory, laboratory, 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 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 bargaining
with Continental Mills, Lewiston, Maine, 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including
watchmen, 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 all supervisory,
laboratory, office, and clerical employees, and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, for the
'purposes of collective bargaining.