Hudson Worsted Co.

National Labor Relations Board - Board Decisions

Aug 18, 1945

63 N.L.R.B. 402 (N.L.R.B. 1945)

In the Matter Of HUDSON WORSTED COMPANY and DEPARTMENT OF
WOOLEN AND WORSTED WORKERS OF THE UNITED TEXTILE WORKERS
OF AMERICA, A. F. OF L.
Case No.1-R-'24D5.Decided August 18,1945
Mr. Richard Comerford, of Leominster, Mass., for the Company.
Mr. Joseph Sylvia, of Lawrence, Mass., for the A. F. L.
Mr. William J. Bowes, of Worcester, Mass., for the C. I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Department of Woolen and Worsted
Workers of the United Textile Workers of America, A. F. of L., herein
called the A. F. L., alleging that a question affecting commerce had
arisen concerning the representation of employees of Hudson Worsted
Company, Hudson, Massachusetts, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Leo J. Halloran, Trial Examiner. Said hear-
ing was held at Hudson, Massachusetts, on June 23, 1945. The Com-
pany, the A. F. L., and Textile Workers Union of America, C. I. 0.,
herein called the C. I. 0., 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
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hudson Worsted Company, a Massachusetts corporation, with its
principal office and place of business located at Hudson, Massachusetts,
63 N. L. R. B., No. 60.
402
HUDSON WORSTED COMPANY 403
operates and maintains three plants in this vicinity with which we are
concerned herein. The Company receives approximately 600,000
pounds of raw materials each week from points within the Common-
wealth of Massachusetts and weekly finishes approximately 300,000
pounds of "tops," of which approximately 75 percent is shipped to
points outside the Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Department of Woolen and Worsted Workers of the United Textile
Workers of America, affiliated with the American Federation of Labor,
and Textile Workers Union of America, affiliated with the Congress
of 'Industrial Organizations, are labor organizations admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either of the labor organizations
involved herein absent certification by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the A. F. L. represents a
substantial number of employees 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with the agreement of the parties at the
hearing, we find that all production and maintenance employees of
the Company at its Hudson plants, including watchmen, but excluding
executives, overseers, second-hands, main office employees, guards, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
' The Field Examiner reported that the A F L. submitted 269 designations, the C. I 0.
submitted 37 designations, and that there were approximately 586 employees in the unit
hereinafter found appropriate.
. 662514-46-vol. 6 3-2 7
404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the em-
ployees 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.
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,
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 Hudson Worsted
Company, Hudson, Massachusetts, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days 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 Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the employ-
ees 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 any 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
they desire to be represented by Department of Woolen and Worsted
Workers of the United Textile Workers of America, affiliated with
American Federation of Labor, or by Textile Workers Union of Amer-
ica, affiliated with the Congress of Industrial Organizations , for the
purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.