Elmvale Worsted Co.

National Labor Relations Board - Board Decisions

Mar 21, 1946

66 N.L.R.B. 1005 (N.L.R.B. 1946)

In the Matter of ELMVALE WORSTED COMPANY AND ELMVALE DYE
WORKS, INC.1 and TEXTILE WORKERS UNION OF AMERICA, C. I. O.
Case No. 1-R-27°28.Decided March 21, 1946
Mr. Frederick M. Myers, of Pittsfield, Mass. , for the Company.
Mr. John F. Bello, of Adams, Mass., for the Union.
Mr. John N. Alberti, of North Adams, Mass., pro se.
Mr. F. G. Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Textile Workers Union
of America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees of Elmvale Worsted Company and Elmvale Dye Works,
Inc., Pittsfield, Massachusetts, herein collectively called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before John W. Coddaire, Jr., Trial
Examiner. The hearing was held at Pittsfield, Massachusetts, on
February 13, 1946. At the commencement of the hearing the Trial
Examiner granted a motion of John N. Alberti,2 an individual,
hereinafter called Alberti, to intervene. The Company, the Union,
and Alberti appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exami-
ner'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.
I At the hearing the Trial Examiner granted a motion to correct all papers in the
proceeding to reflect the true name of the employer as set forth above.
' Alberti's Motion to Intervene alleged that he had been designated and appointed as
bargaining representative by a substantial number of the production employees of Elm-
vale Worsted Company. The Trial Examiner reported that Alberti had presented a peti-
tion purporting to contain the signatures of 22 production employees of Elmvale Worsted
Company, designating Alberti as bargaining agent. Alberti stated at the hearing that
he had additional signatures amounting to 107. Alberti does not desire a place on the
ballot.
66 N. L. R. B., No. 124.
1005
1006 DECISIONS or NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case , the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Elmvale Worsted Company and Elmvale Dye Works, Inc., are
corporations organized and doing business under the laws of the
Commonwealth of Massachusetts, having their plants and offices in
Pittsfield, Massachusetts.
Elmvale Worsted Company is engaged in the manufacture of
worsted yarns. The Company uses raw materials consisting of
woolens and worsteds, all of which annually are shipped to it from
points outside the Commonwealth of Massachusetts. Approximately
80 percent of the Company's finished products, annually, is shipped
by it to points outside the Commonwealth of Massachusetts. The
gross sales of the Company for the previous calendar year were in
excess of $100,000.
Elmvale Dye Works, Inc., is engaged in the dyeing of woolen
tops. Raw materials used by the Company consist principally of
chemicals, over 50 percent of which is annually shipped to it from
points outside the Commonwealth of Massachusetts. The Company
performs dyeing for textile manufacturers. Approximately 90
percent of the woolen tops dyed by the Company is shipped by it to
points outside the Commonwealth of Massachusetts. Approximately
80 percent of the Company's business of dyeing is performed for
Ehnvale Worsted Company. The gross amount of business done by
the Company in the past calendar year was in excess of $100,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations act.
It. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
in. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of the Company's employees
until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
ELMVALE WORSTED COMPANY 1007
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.3
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
In view of the integrated operations of Elmvale Worsted Company
and Elmvale Dye Works, Inc., the apparent close relationship be-
tween them, and the fact that all parties are agreed upon the appro-
priate unit, we find that all employees of Elmvale Worsted Company
and Elmvale Dye Works, Inc., at their Pittsfield, Massachusetts,
plants, but excluding executives, office and clerical employees, fore-
men, and any other supervisory employees (second hands and up)
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 col-
lective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETER'1IIT 1TION (II" REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the enm-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the (late 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 Re-
lations Act, 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 Elmvale Worsted
Company and Elmvale Dye Works , Inc., Pittsfield , Massachusetts,
an election by secret ballot shall be conducted as early as possible,
but not later than thirty ( 30) clays 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
J The Field Examiner reported that the Union submitted 145 authorization cards, and
that there were 426 employees in the appropriate unit
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board , and subject to Article III, Sections 10 and
11, of said Rules and Regulations , among 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 those em-
ployees 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 represented by Textile
Workers Union of America , C. I. 0., for the purpose of collective
bargaining.