Dorlexa Dyeing and Finishing Co.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 903 (N.L.R.B. 1945)

In the Matter of DORLEXA DYEING AND FINISHING COMPANY and TEX-
TILE WORKERS UNION OF AMERICA, C. I. O.
Case No. 1-R-2402.-Decided February 27, 1945
Mr. Fisher Abramson , of New Bedford, Mass., for the Company.
Mr. J. W. Belanger , of Boston , Mass., and Mr. Joseph Novo, of
Woonsocket , R. I., for the T. W. U. A.
Messrs. Raoul Vandal and Joseph Bell, of Woonsocket, R. J., for
the I. T. U.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
C. 1. 0., herein called the T. W. U. A., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Dorlexa Dyeing and Finishing Company, Woonsocket , Rhode Island,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert E.
Greene, Trial Examiner . Said hearing was held at Woonsocket,
Rhode Island, on January 31 , 1945. At the commencement of the
hearing the Trial Examiner granted a motion of Industrial Trades
Union of America , herein called the I. T. U., to intervene. The
Company, the T. W. U. A., and the I.T. U. appeared , participated, and
were afforded full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
During the hearing, counsel for the Company moved to dismiss the
petition . The Trial Examiner reserved ruling thereon . The motion
is denied for the reasons stated in Section III, infra . _ The Trial Ex-
aminer '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:
60 N. L . R. B., No. 155.
903
904 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Dorlexa Dyeing and Finishing Company is a partnership operat-
ing a plant at Woonsocket, Rhode Island, where it is engaged in the
dyeing and finishing of cloth. During the 6-month period preceding
the hearing, the Company purchased raw materials valued at about
$60,000, all of which was shipped to it from points outside the State of
Rhode Island. During the same period the Company received about
$300,000 for its services, all of which was performed for concerns within
the State of Rhode Island. The latter concerns shipped all goods
worked upon by the Company to points outside the State of Rhode
Island.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Industrial Trades Union of America is a labor organization, admit-
ting to membership employees of the Company.
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the T. W. U. A. or the I. T. U.
as exclusive collective bargaining representative- of its employees until
such time as one or the other is certified by the Board.
The Company takes the position that no election should be directed
- at this time for the reason that in a consent election conducted on
March 20, 1944, and an ordered election conducted on November 24,
1944, a majority of its employees had voted against representation
.by any labor organization. Eleven months and 3 months, respectively,
have elapsed since the consent election and the ordered election. The
T. W. U. A. did not participate in the election of November 24, 1944.
The record discloses that the T. W. U. A. has application cards bearing
the names of a substantial number of employees. All of these cards
are dated subsequent to the election of November 24, 1944.1 Since
no collective bargaining representative was chosen as a result of the
election of November 24, 1944, and in view of the fact that a substantial
number of the Company's employees appear to have indicated since
'According to a statement introduced into evidence at the hearing , the T. W. U. A sub-
mitted 36 application cards. There are approximately 54 employees within the appropriate
unit. The I. T. U. submitted 30 application cards
DORLEXA DYEING AND FINISHING COMPANY 905
that election a desire for representation by the T. W. U. A., which
did not participate in that election, we believe that the policies of the
Act will best be effectuated by conducting an election on the present
petition.2
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 T. W. U. A. urges that all production and maintenance em-
ployees of the Company, excluding executives, supervisors, assistant
supervisors, and office and clerical employees, constitute an appro-
priate unit. The only controversy with respect to the unit concerns
two named employees.
Stanley is employed in the Company's drug room weighing out dye
set-ups. The T. W. U. A. contends that he is a supervisory employee.
The record indicates that Stanley does not have any authority to
recommend the hire, discharge, promotion, or discipline of any em-
ployee. We shall include him in the unit.
The T. W. U. A. contends that Wojick is -a clerical employee and
should be excluded from the unit. The record indicates that Wojick
spends all but 2 working hours daily performing clerical duties in the
boss dyer's office. We shall exclude Wojick as a clerical employee.
We find that all production and maintenance employees of the Com-
pany, excluding executives, office and clerical employees, supervisors,
assistant supervisors, and any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
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 and 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
2 Matter of New York Central Iron Works , Hagerstown, Maryland , 37 N. L . R. B. 894.
906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, 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 Dorlexa Dyeing
and Finishing Company, Woonsocket, Rhode Island, 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, 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
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, 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 they desire to be represented by Textile Workers
Union of America, C. I.0., or by Industrial Trades Union of America,
for the purposes of collective bargaining, or by neither.
I