Farr Alpaca Co., Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1938

9 N.L.R.B. 1208 (N.L.R.B. 1938)

In the Matter of FARR ALPACA COMPANY, INC. and FEDERAL LOCAL
UNION No. 21,644 OF TIIE AMERICAN FEDERATION OF LABOR
Case No., R-.969.-Decided, November 25, 1938
Textile Industry-Investigation of Representatives* controversy concerning
representation of employees : rival organizations ; doubt as to representation of
a majority-Contract : granting recognition to union as long as it represented
a majority , no bar to investigation-Unit Appropriate for Collective Bargain-
ing: production and maintenance employees , excluding engineers , firemen, cleri-
cal and office employees , and supervisory employees ; stipulation as to-Election
Ordered
Mr. Edward Schneider, for the Board.
Palmer, Dodge, Barstow, Wilkins & Davis, by Mr. R. A'inmi
Cutter, of Boston, Mass. , for the Company.
Mr. David M. Taylor, of West Springfield, Mass., for the Federal
Union. ,
Mr. Horace A. Riviere, Mr. Valery Burati, and Miss Cecile T.
Serpa, of Holyoke, Mass., for the T. W. O. C.
Mr. George Rose, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 20, 1938, Federal Local Union No. 21,644, affiliated with
the American Federation of Labor, herein called the Federal Union,
filed with the Regional Director for the First Region (Boston, Mas-
sachusetts) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Farr Alpaca
Company, Inc., Holyoke, Massachusetts, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On July 8, 1938, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
9 N. L. R. B., No. 110.
1208
DECISIONS AND ORDERS 1209
On July 15, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the Fed-
eral Union, and upon Local No. 157, Textile Workers Organizing
Committee, affiliated with the Committee for Industrial Organiza-
tion, herein called the T. W. O. C., a labor organization claiming to
represent employees directly affected by the investigation. Pursuant
to the notice, a hearing was field on July 25 and 26, 1938, at Holyoke,
Massachusetts, before Earl S. Bellman, the Trial Examiner duly
designated by the Board. 'The'Board and the Company were repre-
sented by counsel and the Federal Union and the T. W. O. C., by
their respective representatives. All parties participated in the' hear-
ing. 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 thef 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
Farr Alpaca Company, Inc. is a Massachusetts corporation engaged
in the manufacture of textiles at its plant located in Holyoke, Massa-
chusetts. The principal products of the Company are linings, inter-
linings, women's wear, woolens, tie linings, tie cloth, underwear.
draperies, and women's wear greige goods.
The plant of the Company is a vertically integrated mill, the raw
material being purchased chiefly in its original state, and the spin-
ning, weaving, and -finishing of the products being done by the
Company. - The principal raw materials used in the above manufac-
turing processes are wool, cotton, mohair, and rayon, all of which,
except for a small amount of wool and cotton, not exceeding 10 per
cent of all the raw materials, are shipped to its Holyoke plant from
points outside Massachusetts. The total value of raw materials pur-
chased during the Company's fiscal year ending April 30, 1938, was
approximately $2,618,700.
The volume of the Company's sales ranges from $4,000,000 to $15,-
000,000 yearly. The Company maintains its own sales offices in New
York City; it also sells some of its products through commission
houses located in New York City. The linings and suitings of the
Company are sold and shipped chiefly to the large clothing centers in
and around New York City and Rochester, New York; Chicago, Illi-
1210 NATIONAL LAB OR It1 LATiONS BOARD
nois; St. Louis, Missouri ; • Philadelphia , Pennsylvania ; Baltimore,
Maryland ; and New Orleans; Louisiana . The yarn sales of the Com-
pany are shipped directly to New England points and to Philadel-
phia, Pennsylvania . The percentage of the total products shipped to
points within the Commonwealth of'Massachusetts does not exceed
10 per cent ; the remainder are shipped to points outside the Common-
wealth of Massachusetts.
II. THE ORGANIZATIONS INVOLVED
Federal Local Union No. 21,644 is a labor organization affiliated
with the American Federation of Labor, admitting to its membership
"all production employees" of the Company, "excluding engineers,
firemen, clerical, and office supervisory employees."
Local No. 157, Textile Workers Organizing Committee, is a labor
organization affiliated with the Committee for Industrial Organiza-
tion, admitting to its membership all production and maintenance
employees of the Company, excluding "engineers, firemen and clerical
and office force." _
III. THE QUESTION CONCERNING REPRESENTATION
For a period of several years prior to 1937, three labor organiza-
tions had been active in the Company's plant. In August or Septem-
ber of that year these labor organizations nierged to form the
T. W. 0. C:
On February 18, 1938, the Company recognized the T. W. O. C. as
the collective bargaining representative "for all of its employees ex-
cept engineers, firemen and clerical and office force . . . as long as it
represented a majority of the Company's employees," and entered into
a contract with it for 1 year covering wages, hours, and other condi-
tions of employment. It is not denied that the T. W. O. C. represented
a majority of such employees at the time this contract was executed.
On May 1, 1938, a number of the Company's employees withdrew
from the T. W. O. C. and organized an independent labor organiza-
tion which later received a charter from the American Federation
of Labor as the Federal Union. The Federal Union now claims that
it represents a majority of the Company's employees who are covered
by the agreement between the Company and the T. ,W. O. C. and seeks
recognition, as the exclusive bargaining representative for such em-
ployees. In view of • the above-quoted provision, the contract cannot
be considered a bar to the claim of the Federal Union.
We find that a question has arisen concerning representation of the
employees of the Company.
DECISIONS' AND 01tDERS 1211
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
At the hearing it was stipulated by all the parties that all the
company's production 'and maintenance workers, excluding engineers,
firemen, clerical and office workers, and supervisory employees, con-
stitute an appropriate bargaining unit. We see no reason to alter the
agreed unit. '
We find that the production and maintenance employees of the
Company, excluding engineers, firemen, clerical and office employees,
and supervisory employees constitute a unit appropriate for the pur-
poses of collectivebargaining and. that said unit will insure to em-
ployees of the Company the fill benefit of their right to self -organiza-
tion and to collective bargaining and otherwise effectuate the policies
of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Company introduced in evidence a list composed
of its combined pay roll for the 6 months' period, ending June 30,
1938, containing the names of 2,226 employees in the appropriate unit.
The Federal Union introduced membership application cards and
slips signed by 903 individuals, 614 of which names appeared on the
list. The T: W. O. C. presented no evidence of its membership.
We find that the question which has arisen concerning representa-
tion of employees of the Company can best be resolved by the holding
of an election by secret ballot.
It was stated at the time of the hearing, without objection, that the
above-mentioned list contained the names of all the persons within
the appropriate unit. Accordingly, those employees whose names
appear on the list, except those who have since quit or been discharged
for cause, shall be eligible to participate in the election.
Upon the basis of the above findings of fact and upon the 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 Farr Alpaca Company, Inc., Holyoke,
1212 NATIONAL LABOR RELATIONS BOARD
Massachusetts, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All the production and maintenance employees of Farr Alpaca
Company, Inc., at its Holyoke, Massachusetts, plant, exclusive of
engineers, firemen, clerical and office employees, and supervisory em-
ployees, 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRWITn that, as part of the, investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Farr Alpaca Company, Inc., Holyoke, Massachusetts,
an election by secret ballot shall be conducted within fifteen (15)
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 subject
to Article III, Section 9, of said Rules and Regulations, among all
the production and' maintenance employees of Farr Alpaca Company,
Inc., who were employed at its Holyoke, Massachusetts, plant, during
the period from January 1, 1938, to June 30, 1938,-exclusive of engi-
neers, firemen, clerical and office employees, and supervisory em-
ployees, and excluding those who have since quit or have been dis-
charged for cause, to determine whether they desire to be represented
by Federal Local Union No. 21,644, affiliated with the American Fed-
eration of Labor, or by Local No. 157, Textile Workers Organizing
Committee, affiliated with the Committee for Industrial Organiza-
tion, for the purposes of collective bargaining, or by neither.