Kilburn Mill

National Labor Relations Board - Board Decisions

Mar 5, 1943

47 N.L.R.B. 1356 (N.L.R.B. 1943)

J
In the Matter of KILBURN MILL and TEXTILE WORKERS UNION. OF
I AMERICA (C. I. 0.)
Case No. R-4726.-Decided March 5, 1913
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: rec-
ognition refused, year-to-year contract providing for representation of mem-
bers only held no bar when petitioner gave timely notice of its claims; election
necessary.
Unit Appropriate for Collective Bargaining : single-employer unit confined to
all production and maintenance employees, with specified exclusions, of a
cotton m l1ing company found appropriate, notwithstanding,contention of one
of the unions that such employer be included with employees of other com-
panies represented by a cotton mill association of which it was a member,
when company conducted its bargaining independently, association was not
authorized to bargdin on behalf of company, and company did not consider
itself bound by association action.
Mr. Bartlett Howard, of Boston, Mass., for the Company.
Mr. Jacob Minkin, of Boston, Mass., for the Council and for the
Firemen and Oilers.
111r. Isadore Katz, of New York City, for the C. 1. 0.
Mr. S. P. Jason, of New Bedford, Mass., and Roewer & Reel, by
Mr. George E. Roewer, of Boston, Mass., for the Teamsters.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATE111ENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America
(C. I. 0.), herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
the Kilburn Mill, New Bedford, Massachusetts, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Samuel G. Zack, Trial Examiner.
Said hearing was held at New Bedford, Massachusetts, on January 4,
1943. The Company, the C. I. 0., New Bedford Textile Council,
herein called the Council, and Local No. 294, of the International
47N L P. B, No 175
1356
KILBURN MILL. 1357
Brotherhood of Firemen, Oilers and Helpers of America, and Local
No. 59, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen and Helpers of America, herein called the Teamsters, ap-
peared, participated, and 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. Fol-
lowing the hearing, the Council, the C. I. 0., and the Teamsters filed
briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kilburn Mill is a Massachusetts corporation engaged in the manu-
facture and sale of yarns, cotton, and other textile products,
During its last fiscal year, ending September 30, 1942, it used raw`
materials, consisting of cotton of the approximate value of
$2,000,000 and cut rayon staple of the approximate value of
$150,000, all of which was received by it from points outside the
Commonwealth of Massachusetts. During the same period the
Company manufactured cotton yarn of the approximate value of
$4,000,000, rayon yarn of the approximate value of $600,000, and
thread of the approximate value of $1,000,000, 95,percent of which
was shipped to points outside the Commonwealth of Massachusetts.
II. THE ORGANIZATIONS INVOLVED
New Bedford Textile Council is a labor organization composed of
a number of craft unions, all but one of which are also affiliated
with United Textile Workers of America of the American Federation
of Labor. The Council, through its affiliated locals, admits to mem-
bership various classes of employees of the Company.'
International Brotherhood of Firemen, Oilers and Helpers of,
America and its Local No. 294, are labor organizations, affiliated
with the American Federation of Labor, admitting to membership
certain employees of the Company.2
'The following local labor organizations in New Bedfoi d, Massachusetts , are affiliated
with and are represented by the Council: Carders & Ring Spinners Union , Knotters Union,
Loom Fixeis Union , Maintenance Men Union , Yarn Finishers ' Union, Shearer Tenders'
and Cloth Room Workers ' Union , Slasher Tenders ' Union, Waip Twisters ' Union, Weavers
Union , and Local No 294 , of the Firemen and Oilers The last mentioned local, although
affiliated with the Council and represented by it for certain purposes , is not affiliated
with United Textile workers of America but is affiliated with another International labor
organization as hereinabove noted
2 The Firemen and Oilers , although appearing separately , was represented in this
proceeding by the attorney also representing the Council As noted in footnote 4, infra,,
following the hearing its attorney stated to the Board in substance that for all purposes
In this proceeding the Firemen and Oilers was to be considered part of the Council, and
that it was not taking any independent position.
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Textile Workers Union of America is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men.and Helpers of America and its Local No. 59 are labor organi-
zations, affiliated with the American Federation of Labor, ad-
mitting to membership certain employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 21, 1942, the C. I. O. wrote to the Company requesting
recognition as the representative of the Company's production and
maintenance employees for the purpose of negotiating a collective
bargaining agreement to become effective on February 1, 1943. The
'Company refused to extend such recognition upon the ground that
it had a contract- dated January 31 , 1941 , with Ring Twisters and
Yarn Finishers Union and Carders & Ring Spinners Union, both
affiliated with the Council , and upon the further ground that the
Company doubted that the C. I. O. represented a majority of its
employees . The Company contends that the contract referred to
'constitutes a bar to this proceeding. .
The contract in question is applicable only to the members of those
unions which are parties thereto, and by its terms is subject to
termination on'January thirty-first of any year upon 90 days notice
b^ either party.
Because of the termination date of the contract and the timely
claim of representation made by the C. I. O. and for the further rea-
son that the contract is for members only and does not provide for an
exclusive bargaining representative ,' we are of the opinion and find
that the contract in,question is not a bar to the present proceeding.4
A statement of the Regional Director introduced in evidence at the
hearing indicates that the C . I. O. represents a substantial number of
employees in the'unit hereinafter found appropriate.'
'Matter of Wilson t Co, Inc and Packinghou$e Workers Organizing Committee, 42
N. V. R B. 663.
4 At the time of the hearing, the Company also had a contract' with the Teamsters cover-
ing warehousemen and yardmen The Teamsters inteivened in these proceedings and
claimed to represent said employees as well as all truck drivers employed by the Company.
At the oral argument before the Board in the related case of Matter of Bedford Cotton
Man.a/ actisrer s Association and Teatile Workeis Moon of America, et at , ( Case No
RE-54 ), 47 N L. R B. 1345, at which counsel representing all of the labor organizations
involved in the instant case appealed, it was stipulated in substance , that neither the
C. I 0. nor the Council claimed to represent any of the warehousemen. yardmen, or truck
diiveis employed by the Company and that there was no question of representation con-
cerning them It was on the occasion of this oral argument that the statement concerning
the Firemen and Oilers referred to in footnote 2 was made
5 The C. I 0 submitted 632 membership cards of which 625 bore apparently genuine
signatures . It was stipulated that the Company employs approximately 1300 employees
within the unit found appropriate
KILBURN MILL 1359
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
The C. I. O. and the Council are in substantial agreement that the
appropriate unit should consist of all production and maintenance
employees, excluding executive and supervisory employees (second
hands and up), office and clerical employees, warehousemen, yardmen,
and truck drivers' While agreeing on the employee categories, the
C. I. O. and the Council take issue on the question concerning the size
of the unit. The C. I. O. contends that only employees of the Com-
pany should be included in the appropriate unit. The Council on the
other hand would group iii a single unit all employees within the
categories mentioned employed at all New Bedford, Massachusetts,
textile mills engaged in the manufacture of fine cotton goods. The
Company has taken no position with reference to the appropriate
unit.
There are today in New Bedford 11 mills, including the Company,
in the class generally known as fine cotton goods mills. Of these, 9
mills are organized in an association group known as the New Bed-
ford Cotton Manufacturers Association, and these 9 mills have tradi-
tionally conducted their -collective bargaining through the Association
on an association-wide basis.' The Company was not a member of
the Association at the time of the hearing 8 The only other mill in
this class outside the Association is Hoosac Mills.° The Company
conducted its own collective bargaining negotiations, separately from
the Association and from 'Hoosac Mills, and independently entered
into agreements. Although it has•often followed the lead of the Asso-
ciation, it has on several occasions taken action in collective bargaining
at variance with that of the Association. The Association was not
authorized to bargain on behalf of the Company, and 'tine Company
did not consider itself bound by Association action. On the basis of
these facts and upon the entire record of this case, we find that it
would be inappropriate at this time to include employees of the Com-
° At the healing the C I. 0 had requested the inclusion of shipping and receiving em-
ployees but later modified its position in this respect, as indicated in footnote 4.
° See New Bedford Cotton Manufacturers Association and Textile Workers Union of
America, et al (Case No. RE-171,), 47 N L R B. No 174
'The Association filed it motion in New Bedford Cotton Manufacturers Association
and Textile Workers Union of Antierica, supra, alleging that the Company subsequent to
the hearing in this case became a member of the Association , and requesting in effect
that the Company be included in the unit which we found appropilate in that case We
denied the motion , but stated that if the same representative be chosen in that case and
in the instant proceeding , we would entertain a motion to consolidate the units '
'See Morgan Butler, Receiver of Hoosac Mills Corporation and Textile Workers Union
of Ametica (C 1 0 ), (Case No. RE-aG), 47 N. L R B. 1361
1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany with employees of the Association members or of Hoosac Mills
in a single unit for the purposes of collective bargaining io
We find that all production and maintenance employees of the Com-
pany, excluding all executive and supervisory employees (second
hands and up), office and clerical employees, warehousemen, yardmen,
and truck drivers, 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 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 our Direction of Elec-
tion, 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 2, as amended, it is hereby
DIRECTED, that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kilburn Mill,
New Bedford, 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,
Section 10, 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 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 dr been discharged for cause to determine whether they
desire to be represented by New Bedford Textile Council, affiliated
with United Textile Workers of America and the American Federa-
tion of Labor, or by Textile Workers Union of America (C. I. 0.), for
,the purposes of collective bargaining, or by neither.
10 See Matter of Monon Stone Company and Quarry Workers ' International Union of
'North America, 10 N L R. B 64.