Eastern Wool Warehouse, Inc.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1064 (N.L.R.B. 1945)

In the Matter of EASTERN WOOL WAREHOUSE , INC., and U NITED
TEXTIL E WORKERS OF AMERICA , A. F. L.
Case No. 1-R-2584.Decided November 29, 1945
Dlr. Reuben Hall, of Boston, Mass., for the Company.
Mr. Abraham Nesson, of Providence , R. f., and Mr. John Crowley,
of Boston , Mass., for the Union.
Miss Margaret H. Farmer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Textile Workers of America,
A. F. L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Eastern Wool Warehouse, Inc., Boston, Massachusetts, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon clue notice before John W. Coddaire, Jr.,
Trial Examiner. The hearing was held at Boston, Massachusetts, on
September 14, 1945. The Company and the Union appeared , partici-
pated, 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. TI-LE BUSINESS OF T1-IE COMPANY
Eastern Wool Warehouse , Inc., is engaged in the warehousing of
wool, operating warehouses in Boston, Methuen, and Lowell, Massa-
cllusetts. Wool is shipped to the Company's warehouses, where it is
stored. Some of it is graded by the Company. The Company ships
the wool from its warehouses, upon order of the owners of the wool,
64 N. L. R. B., No. 174
1064
EASTERN WOOL WAREHOUSE, INC. 1065
to the customers of the owners of the wool, comprising for the most
part woolen and worsted mills and top makers.
For the first 6 months of 1945 the Company handled approximately
6,000,000 pounds of wool. Shipments of wool received originating
from points outside the Commonwealth of Massachusetts represent ap-
proximately 100 percent of the wool received by the Company. Ap-
proximately 40 percent in volume of wool shipments made by the Com-
pany are to points outside of the Commonwealth of Massachusetts.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Textile Workers is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 20, 1945, the Union notified the Company of its
claim to represent a majority of the Company's employees, and re-
quested the Company to recognize the Union as the exclusive bargain-
ing agent for said employees. The Company did not reply.
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 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 seeks a unit composed of all wool handlers and graders'
employed at the Company's Boston warehouse, excluding supervisory
and clerical employees. The Company agrees that such a unit would
be appropriate. The Union contends, however, that two employees,
Clark and Henderson, should be excluded from the unit on the ground
that they are supervisory employees, and that one, Sanderson, be ex-
cluded on the ground that he is a janitor and not a wool handler or
grader. The Company contends that Clark and Henderson are not
supervisory employees and should be included in the unit, and it ex-
presses the opinion that Sanford should possibly be included, although
it does not insist on this point.
I The Field Examiner reported that the Union submitted 20 applications for member-
ship The record indicates that on the date of the hearing the Company employed
approximately 35 employees in the alleged appropriate unit.
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Clark is in charge of the work of two graders, telling them what
wool should be graded, and directing their grading operations. Al-
though the greater percentage of his time is so spent, and although he
receives 20 percent more in wages than the graders, he has no authority
to hire or discharge or to recommend such action, nor does he report
to the manager faulty performance on the part of the graders. We
find that Clark is a key man, who because of his skill, acts as a gang
leader or instructor, but that lie does not possess sufficient indicia of
supervisory authority to warrant his exclusion from the unit. He will
be included in the unit.2
Henderson checks and weighs wool. He also transmits to handlers
and graders invoices designating lots of wool to be received, shipped
or graded. This is routine procedure, which is likewise done by a
clerk from the office. The manager of the warehouse confers with
him concerning the laying out of grading lines, and the location to
be chosen for the same. His wages are approximately the same as
those of the wool handlers, and he possesses no authority to hire, to
discharge, or to recommend such actions. Moreover, he is not con-
sulted on disciplinary matters. He also will be included in the unit.
Sanford opens the warehouse in the morning, cleans the offices,
sweeps in the warehouse, and has a room where he keeps janitorial
paraphernalia. Although he handles a small amount of wools upon
rare occasions, he cannot properly be described as a handler or a
grader. He will, therefore, be excluded from the unit.
We find that all wool handlers and graders employed at the Com-
pany's Boston, Massachusetts, warehouses,3 excluding office and cleri-
cal employees, the janitor, maintenance employees, executives, and all
supervisory employees with authority 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 :nid additions set forth in
the Direction.
2Matter of Palmer Scott (E Co, Ine. 52 N I, R B 468 Matter of Industrial Rayon
Corporation. 56 N. L R . B. 1679
3 Including Clark and Henderson
EASTERN WOOL WAREHOUSE, IN C. 1067
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Eastern Wool
Warehouse, Inc., Boston, Massachusetts, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision 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 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 or not they desire to be repre-
sented by United Textile Workers of America, A. F. L., for the pur-
poses of collective bargaining.