Howard Arthur Mills

National Labor Relations Board - Board Decisions

Jul 15, 1942

42 N.L.R.B. 518 (N.L.R.B. 1942)

In the Matter of HOWARD ARTHUR MILLS and TEXTILE WORKERS
UNION OF AMERICA (C. I 0.)
In the Matter of LUTHER MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA (C I O
In the Matter Of PEPPERFLL MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA (C. I. O
In the Matter of BOURNE MILLS and TEXTILE WORKERS UNION
OF AMERICA (C I O
Cases Nos R-4004 to B-4007 inclusive, respectively -Decided July
15, 1942
Jurisdiction - textile manufacturing industries
Investigation and Certification of Representatives : existence of questions
refusal of each Company to accord petitioner iecognition until certified by
the Board, elections necessary
Units Appropriate for Collective Bargaining : all production and maintenance
employees, excluding executive, supeivisoiy, office, and clerical employees,
at each of the four Companies involved held to constitute an appropriate unit,
separate units of loom-fixers, knot-tiers, and slasher tenders, held inappropri-
ate in view of past history of collective bargaining on an industrial basis
and the highly integrated nature of milling operations
Mr Jerome A Newman, of New York City, for Howard Arthur
Mills.
Mr M R Brown, of Fall River, Mass, for Luther Manufacturing
Co
Gaston, Snow, Hunt, Race & Boyd, by Mr William J. Kelleher,
of Boston, Mass , for Pepperell Manufacturing Co.
Mr. Harold S R Bu fznton, of Fall River, Mass , for Bourne Mills.
Mr Isadore Katz, of New York City, for the T W U A.
Mr. Jacob Mznkin, of New Bedford, Mass , for the Loom Fixers,
Slasher Tenders, and Knot-Tiers
Mr Frank Sgambato, of Providence, R I, and Mr. Anthony Val-
ente, of Washington, D C, for the U T. W. A.
Mr Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Textile Workers Union of America,
herein called the T. W U A, alleging that questions affecting com-
42 N L R B, No 106
518 -
HOWARD ARTHUR MILLS 519
merce had arisen concerning the representation of employees of
Howard Arthur Mills, Luther Manufacturing Company, and Pep-
perell Manufacturing Company, all of Fall River, Massachusetts,
and Bourne Mills, of Tiverton, Rhode Island, herein collectively
called the Companies, the National Labor Relations Board provided
for an appropriate hearing upon due notice before William S Gor-
don, Trial Examinei. Said heaiing was held at Fall River, Massa-
chusetts, on July 2, 1942 The Companies; the T W U A ; Ameri-
can Federation of Textile Operatives, Loom Fixers Local No
6, herein called the Loom Fixers, Slasher Tenders Local No 16,
herein called the Slasher Tenders, and Knot-Tiers, Drawing-In
Machine Operators and Warp Twisters Local No 52, herein called
the Knot-Tiers, and sometimes collectively called the Locals; and
United Textile Workers of America, herein called the U T W. A ,
appeared, participated, and were afforded full opportunity to-be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANIES
- The Companies involved are engaged in the manufacture of tex-
tile goods in Fall River, Massachusetts The principal raw material
used by each of the Companies is raw cotton, and the principal
finished material of, each of them is either cotton cloth or rayon
goods, or both The approximate volume of business of each is as
follows :
Percentage Value of Percentageof same re- finished
Company Value of raw materials used ceived from products shippedannually outside produced States otherMassachu- annually than Massa.setts chusetts
Howard Arthur Mfg Co_____ $1,500,000 (cotton)__t---------- 100 $2,500,000 91
Luther Mfg Co______________ $750,000 (cotton) __ ----------- 100 1,500,000 91
Pepperell Mfg Co__ ________ `52,500000 scotton)____________ 100 4 000,000 91
Bourne Mills I_ _____________ $1 , 500,000 (cotton)_____________ 100 2 , 500 000 91
I The principal office of Bourne Mills is in Tiverton Rhode Island Its plant is located
on the border between Rhode Island and Massachusetts and is partly in each State The
figures given abo%e for that Company refer to shipments into and out of Rhode Island, and
not Massachusetts
Each of the Companies admits that it is engaged in commerce
within the meaning of the National Labor Relations Act. -
520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Companies.
Loom Fixers Local No. 6, Slasher Tenders Local No 16, and Knot-
Tiers, Drawing-In Machine Operators, and Warp Twisteis Local
No 52, are labor organizations affiliated with the American Federa-
tion of Textile Operatives, admitting to membership employees of
the Companies.
United Textile Workers of America is a labor organization affili-
ated with the American Federation of Labor, admitting to member-
ship employees of the Pepperell Manufacturing Company.
III THE QUESTIONS CONCERNING REPRESENTATION
Each of the Companies refuses to recognize the T W U A as
the exclusive representative of their employees until such time as
the Board certifies the T W. U A as such representative.
It was stipulated at the hearing that each of the labor organiza-
tions involved has a substantial membership among the employees in
the unit which it alleges to be appropriate.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act
IV. THE APPROPRIATE UNITS
The T W U A contends that all production and maintenance
employees of Howard Arthur Mills, Luther Manufacturing Company,
Pepperell Manufacturing Company, and Bourne Mills, excluding-
executive, supervisory, office, and clerical employees, constitute four
separate units appropriate for the purposes of collective bargaining.
The U T W. A contends that the same classes of employees at the
Pepperell Co constitute an appropriate unit
The Loom Fixers contends that all loom fixers, excluding super-
visors, employed by each of the Companies, constitute four separate
appropriate units The Knot-Tiers contends that all knot-tiers and
helpers, drawing-in machine operators, and warp twisters, excluding
supervisors, at each of the Companies constitute four separate appro-
priate units The Slasher Tenders contends that all slasher tenders
and helpers, excluding supervisors, at each of the Companies, consti-
tute four separate appropriate units.
The Companies took no position with respect to the appropriate
unit or units.
HOWARD ARTHUR MILLS 521
In prior proceedings 2 involving the employees of three textile
mills in the Fall River, Massachusetts, area, similar to those here
involved, the Boaid found that the appropriate unit in each case
was substantially the same as that requested by the T. W U A. for
the employees of each of the Companies in the present proceedings.
The Locals as well as the T W. U A participated in the hearings
in those cases and the Locals requested for each plant separate bar-
gaining units consisting of apps oximately the same classes of em-
ployees as they clamp here The Boaid held in each case that the
units requested by the Locals weie inappropriate for collective bar-
gaining purposes
All the mills involved herein employ manufacturing techniques and
methods substantially the same as those described in the Board's
decisions dealing with the three mills referred to. The work of the
groups claimed by the Locals is likewise similar.
It is evident from the manufacturing techniques and methods em-
ployed by the Companies that the operations of the mills are func-
tionally coherent, and that the various occupations are but arbitrar-
ily defined segments of a highly integrated process It is likewise
clear that, in spite of the fact that the Locals have maintained f or-
mally separate indentities, the actual course of employee organization
and collective bargaining which they have established in the Fall
River, Massachusetts, area has been on an industrial basis for almost
half a century There is no evidence in the present record indicat-
ing that the craft units sought by the Locals, and which are similar
to those previously found inappropriate, have now become appro-
priate 3 We find that the units proposed by the Locals are not
appropriate. We find, however, that the plant-wide units requested
by the T W U A. and the U T W A are appropriate for the pur-
poses of collective bargaining
We find that all production and maintenance employees at the
Howard Arthur Mills, Luther Company, Bourne Mills, and Pepper-
ell Company, excluding executive, supervisory, office, and clercial
employees, constitute four separate appropriate units for the pur-
poses of collective bargaining, within the meaning of Section'9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation can best be
resolved by elections by secret ballot among the employees in the
appropriate units who were employed during the pay-roll period
' See 36 N L R B 678, 36 N L R B 687
' See cases cited in footnote 2, supra, and Matter of Sagamore Manufacturing Co and
Textile Workers Union of America (C 1 0 ), et ai, 39 N L R B 909
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
immediately preceding the date of the Direction of Elections heiem,
subject to the limitations and additions set forth in the Direction
We shall direct that the name of American Federation of Textile
Operatives be placed on the ballot followed by that of the locals If
the Federation and/or any of the Locals desire not to participate
in the election they may file with the Regional Director within five
(5) days from the date of the Direction of Elections herein, a; decla-
ration of intention not to participate, in which event their names will
not appear on the ballot
. DIRECTION OF ELECTIONS
By virtue of and puisuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Howard Arthur
Mills, Luther Manufacturing Company, and Pepperell Manufactur-
ing Company, all of Fall River, Massachusetts, and Bourne Mills,
of Tiverton, Rhode Island, elections by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the dii ection 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 Ar-
ticle III, Section 9, of said Rules and Regulations,, among
(1) -Employees of the aforesaid Companies, other than Pepperell
Manufacturing Company, in the units found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including employees who did
not work during such pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding employees who have
since quit or have been discharged for` cause, to determine whether
they desire to be represented by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, or by Ameri-
can Federation of Textile Operatives [Loom Fixers Local No 6,
Slasher Tenders Local No 16, Knot-Tiers, Drawing-In Machine
Operators, and Warp Twisters Local No 52], for the purposes of
collective bargaining, or by neither;
(2) Employees of Pepperell Manufacturing Company in the unit
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work during such pay-roll
HOWARD ARTHUR MILLS 523
period because they were ill or on vacation or in active military
service or training of the United States, or temporarily laid off, but
excluding employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Textile
Workers Union of America, affiliated with the Congress of Indus-
trial Organizations, or by United Textile Workers of America, affili-
ated with the American Federation of Labor, or by American Fed-
eration of Textile Operatives [Loom Fixers Local No 6, -Slasher
Tenders Local No 16, Knot-Tiers, Drawing-Iii Machine Operators,
and Warp Twisters Local No 52], for the purposes of collective bar-
gaining, or by none of said organizations
MR. GERARD D REILLY took no part in the consideration of the
above Decision and Direction of Elections
In the Matter of HowARD ARTHUR MILLS and TEXTILE WORKERS UNION
OF AMERICA (C I 0.)
In the Matter of LUTHER MANUFACTURING COMPANY and TEXTILE
- WORKERS UNION OF AMERICA (C I O
In the Matter Of PEPPERELL MANUFACTURING COMPANY and TEXTILE
WORKERS UNION OF AMERICA (C. I O
In the Matter of BOURNE MILLS and TEXTILE WORKERS UNION OF
AMERICA (C I O
Cases Nos R-4004 to R-4007, inclusive, respectively
AMENDMENT TO DIRECTION OF ELECTIONS
July 28, 1942
On July 15, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in the above-entitled proceedings?
On July 22, 1942, American Fedeiation of Textile Operatives, Loom
Fixers Local No 6, Slasher Tenders Local No 16, and Knot-Tiers,
Drawing-In Machine Operators and Warp Twistei s Local No 52, filed
a motion with the Board stating that they had affiliated with United
Textile Workers of America, affiliated with the American Federation
of Labor, and requested that the ballots in the elections directed by
the Board contain only the names of Textile Workers Union of
America, affiliated with the Congress of Industrial Organizations, and
United Textile Workers of Amei ica, affiliated with the American Fed-
eration of Labor. On the same day United Textile Workers of
America moved the Board to substitute its name on the ballots for
those of the Locals mentioned above On July 23, 1942, Textile
Workers Union of America filed a letter with the Board in opposition
to the motions The motions of the Locals and the U T. W. A. are
hereby granted
IT IS HERFBY ORDERED that the Direction of Elections be amended by
striking the words "other than Pepperell Manufacturing Company"
in paragraph 1 and by striking the words "or by American Federation
of Textile Operatives [Loom Fixers- Local No 6, Slasher Tenders
Local No. 16, Knot-Tiers, Drawing-In Machine Operators, and Warp
Twisters Local No. 52]" in the same paragraph and substituting
therefor the words "or by United Textile Workers of America, aflilI-
ated with the American Federation of Labor ", and by striking the
entire paragraph 2 of said Direction of Elections
MR GERARD D. REILLY took no part in the consideration of the above
Amendment to Direction of Elections.
1 42NLR B 518.
42 N L R B, No 106a
524