Harris, Emery Co., Inc.

National Labor Relations Board - Board Decisions

Nov 27, 1945

64 N.L.R.B. 976 (N.L.R.B. 1945)

In the Matter of HARRIS, EMERY CO., INC. and TEXTILE WORKERS
UNION OF AMERICA, CIO
Case No. 1-R-2593 .Decided November °27, 1945
Mr. Paul R. Foist, of Lowell, Mass., for the Company.
Mr. Benjamin T17yle, of New York City, and Mr. Harold Dots st,, of
Nashua, N. H., for the Union.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT Or TILE CASE
Upon a petition duly filed by Textile Workers Union of America,
CIO, herein called the Union, alleging that a question affecting coin-
merce had arisen concerning the representation of employees of
Harris, Emery Co., Inc., Quechee, Vermont, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
-priate hearing upon due notice before Samuel G. Zack, Trial Exam-
iner. The hearing was held at White River Junction, Vermont, on
August 28, 1945. The Company and the Union appeared and par-
ticipated. 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 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
I. THE BUSINESS Or THE COMPANY
Harris, Emery Co., Inc., a Vermont corporation, is engaged in the
-manufacture of woolen textiles at its plants located in Quechee, Ver-
mont, and Penacook, New Hampshire. The Quechee, Vermont, plant
is the only one involved in this proceeding. Over 90 percent of the
,Company's raw materials, consisting of wool and cotton, is purchased
64 N. L. R. B., No. 163.
976
HARRIS, EM1 RY CO., INC. 977
from points outside the State of Vermont and 90 percent of the
finished products, consisting of white flannels, dress goods, and suit-
ings, is shipped to points outside the State of Vermont. For the
6-month period prior to August 28, 1945, the Company's purchases
from outside the State of Vermont was valued at approximately
$200,000, and the purchases within the State was valued at approx-
imately $15,000. For the same period, the Company's finished prod-
ucts shipped to points outside the State amounted to approximately
$463,000, and shipments within the State amounted to approximately
$1..5,000.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to mem-
bership employees of the Company.
III. T11E QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its 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 hear-
ing, indicates that We Union represents a substantial number of em-
ployees 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. TIIP APPROPRIATE UNIT
The Company and the Union are in agreement that all production
and maintenance employees, excluding clerical employees, executives,
foremen, second hands and all other supervisory employees, constitute
an appropriate unit. They are -in dispute, however, with respect to
one employee whom the Company would include within the unit and
the Union would exclude therefrom.
The Union would exclude Pauline Cole, an employee in the Com-
pany's weave room, because of her clerical duties. Although Cole
spends part of her time in performing clerical functions for the over-
seer of the weave room, the record indicates that a major portion of
I The Board agent reported that the Union submitted 59 authorization cards and that
there were 104 employees in the alleged appropriate unit, as of August 13, 1945.
670417-46-vol 64-63
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
her time is spent as a production worker. She is carried on the pay
rollas a production employee and is paid on an hourly basis, as are all
other production and maintenance employees. We find that Cole is
primarily a production employee and that the clerical duties which she
performs are not sufficient to warrant her exclusion from the unit.
Accordingly, we shall include her.
We find that all production and maintenance employees 2 of the
Company's Quechee, Verirlont plant, excluding office clerical employ
ees, executives, foremen, second hands. and all other supervisory em-
ployees 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 (h) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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.
Dl RECTION 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 pursnsint 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 representa-
tives for the purposes of colle, Live bargaining with Harris, Emery Co,
Inc., Quechee, Vermont, 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, folder 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 Regulations, among employees in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period ilnnlediately 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 includ-
ing employees in the arined forces of the United States who present
thenlscflves in person at the polls, but excluding those employees who
have since quit or been discharged for cause and have nc.' been relln•ed
2 including Pauline Cole.
HARRIS, EMERY Co., INC. 979
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, CIO, for the purposes of collective bargaining.
MR. JOHN M. HOUSTON took 110 part in the consideration of the
above Decision and Direction of Election.