Kalix Mills, Inc.

National Labor Relations Board - Board Decisions

Jun 7, 1945

62 N.L.R.B. 179 (N.L.R.B. 1945)

In the Matter of KALIX Al ILLS, INC. and TEXTILE WORKERS OF AMERICA,
C. I. O.
Case No. 1-R-2405.-Decided June 7, 1945
lilr. Edmund J Blake, of Boston , Mass., for the Company.
Mr. Michael Schoonjans, of Lawrence , Mass., for the Union.
illr Lours Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America. C. I. 0.,
herein called the Union , alleging that a question affecting commerce had
arisen concerning the representation of employees of Kalix Mills , Inc., Law-
rence, Massachusetts , herein called the Company , the National Labor Rela-
tions Board provided for an appropriate hearing upon clue notice before
Samuel G. Zack, Trial Examiner Said hearing was held at Lawrence.
Massachusetts, on May 16, 1945. The Company and the Union appeared,
participated, and were afforded frill 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 OF THE COMPANY
Kalix hills, Tnc., is a Massachusetts corporation operating a plant at
Lawrence, Massachusetts, where it is engaged in the processing of rope,
twine, thread, tape. and cloth. All materials processed by the Company are
shipped to it from points outside the Commonwealth of Massachusetts After
62 N. L R B, No. 28
179
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
processing the materials, the Company ships the goods to various points
outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collective
bargaining representative of its employees until such time as the Union
is°certified by the Board.
A statement of a Field Examiner of the Bard, introduced into evidence
at the hearing, indicates that the Union represents a substantial number
of employees within the unit hereinafter found to be 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. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and manlte-
nance employees of the Company at its Lawrence plant, including straw-
bosses,` but excluding temporary construction, office, and clerical employees
and all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the purposes
of collective bargaining. within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by means of an election by secret ballot among the
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
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,
1 The report of the Field Examiner shows that the Union submitted 74 authorisation cards Theie
are approximately 126 employees in the appropriate unit
2The record indicates that the strawbosscs arc not supervisors within the mc.inmg of the Board's
definition of that term.
KALIX MILLS, INC. 181
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 representatives
for the purposes of collective bargaining with Kalix Mills, Inc., Lawrence,
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 Direc-
tioni 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 employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or tem-
porarily 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 election, to determine whether or not they
desire to be represented by Textile Workers Union of America, C I. 0., for
the purposes of collective bargaining.