Hope Webbing Co., Inc.

National Labor Relations Board - Board Decisions

Oct 25, 1957

119 N.L.R.B. 145 (N.L.R.B. 1957)

HOPE WEBBING COMPANY, INC. 1,45
circumstances, finds to be appropriate for, the purposes of collective
bargaining. In the event a majority do not vote for the General
Drivers,, the Board finds the existing- unit to be appropriate and the
Regional Director will issue a certification of results of election, to
such effect.
[The Board dismissed the petitions in Cases Nos. 39-RC-1126,
39-RC-1144, 39-RC-1145, and 39-RC-1146.]
[Text of Direction of Election omitted from publication.]
Hope Webbing Company, Inc. and United Textile Workers of
America, AFL-CIO, Petitioner. Case No, 1-BC--4981. October
X5,1957
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Thomas E. Mc-
Donald, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Murdock, Rodgers, and
Bean].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. The Employer urges , as a bar a 1-year contract- executed' June
20, 1956, between its predecessor and Narrow Fabric Workers' Union,
which contract provides that in the absence of notice to negotiate at
least 30 but not more than 60 days before expiration, it is to be "auto-
matically renewed and continued without change." No such notice
was given. The petition was filed June 12, 1957. By contrast the
1950 contract provided that it was to be "automatically renewed and
continued without change other ' than' that of the expiration date for
an extended period of one year from December 31, 1951, to December
31, 1952."- We find that'the 1956 contract was automatically renewed
for an indefinite period. As the existing contract has become one of
-indefinite duration following a fixed term, it does not bar a representa-
tion proceeding. See New Jersey Porcelain Company, 110 NLRB
790, 791.
119 NLRB-No. 24.
476321-58-vol. 119-11
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Narrow Fabric Workers' Union, although served with notice,
did not intervene.
A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and j7) of the Act.
4. The Petitioner seeks a production and maintenance unit,-includ-
ing firemen who were excluded from the 1956 contract. The record
does not show whether the earlier contracts also excluded them.
There are 3 firemen, who work 5 days a, week, 1 on a shift. There is
nothing in the record to indicate that their interests and conditions
of employment differ substantially from those of other employees.
In the absence of the contrary bargaining history, we would include
them in the unit. See Wilner Wood Products Co., 1.1.7 NLRB 1895.
In the circumstances we believe that they should not now be included
without an opportunity of voting separately on whether they desire
to become a part of the unit. See Rathbun Molding Corporation, 116
NLRB 1002, 1004.
The Employer has three watchmen who are on duty on weekends
when the firemen are not. The record indicates that they have
authority "to keep people out." We find that they are guards within
the meaning of the Act and shall exclude them from the unit.
The Petitioner would include and the Employer exclude from the
unit plant clerical employees, who appear to have been covered by
the contract unit. These plant clerical employees do some produc-
tion work as well as clerical work. They have the same working con-
ditions and benefits as other employees, and we shall include them
in the unit in accord with our usual practice concerning plant
clericals.
We shall direct elections in the following voting groups of
employees at the Employer's Pawtucket, Rhode Island, textile plant,
excluding from each voting group all office clerical employees, pro-
fessional employees, guards, and supervisors as defined in the Act:
(1) All production and maintenance employees, including plant cleri-
cal employees, but excluding firemen; and (2) all firemen.
If a majority of the employees in voting group (2) vote against
representation, they will be taken to have indicated their desire to be,
and they will be, excluded from the production unit. If a majority
vote for representation, their ballots will be pooled with those of
the employees in voting group (1) and the two groups together will
constitute a single appropriate unit. The Regional Director is
instructed to issue a certification of representatives or certification
of results as dictated by the outcome of the elections herein.
[Text of Direction of Elections omitted from publication.]