Lawrence Woolen Co.

National Labor Relations Board - Board Decisions

Jul 4, 1945

62 N.L.R.B. 1151 (N.L.R.B. 1945)

In the Matter of LAWRENCE WOOLEN COMPANY and TEXTILE WORKERS
UNION OF AMERICA, CIO
Case No. 1-R-2396.-Decided July 4, 1945
Mr. Richard J. Walsh, of Boston , Mass., and Messrs . Fred V. Hanson
and Charles D. McDuffic, of Lawrence , Mass., for the Company.
Messrs . Gaston LeBlanc, Michael Schoonjans , and Arthur W. Brown,
of Lawrence , Mass., for the CIO.
Mr. John S. Brennan , of Lawrence , Mass., for the AFL.
Mr. Samuel G . Hamilton , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Textile Workers Union of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Lawrence Woolen
Company, Lawrence, Massachusetts, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before Samuel G. Zack, Trial Examiner. Said hearing was held
at Lawrence, Massachusetts, on May 14, 1945. During the hearing the
Trial Examiner granted a motion to intervene made by Department of
Woolen and Worsted Workers of the United Textile Workers of America,
AFL, herein called the AFL. The Company, the CIO, and the AFL
appeared and participated. All parties were afforded 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lawrence Woolen Company is a Maine corporation with its place of
business at Lawrence, Massachusetts, where it is chiefly engaged in pre-
62 N. L R. B., No. 146.
1151
1152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
paring, spinning, weaving, dyeing, and finishing carded wool and rayon
goods. Its annual purchases amount to approximately $600,000, and its
annual sales amount do approximately $1,900,000. Raw materials used by
the Company consist chiefly of wool, rayon, dyestuffs, chemicals, and soap.
Dyestuffs, chemicals, and soap are purchased within the Commonwealth
of Massachusetts and constitute 7 percent of the raw materials used;
rayon constitutes approximately 23 percent of the raw ingredients used and
is purchased chiefly in the State of New York, and wool constitutes
approximately 70 percent of the raw materials used. Although wool is
purchased within the Commonwealth of Massachusetts, all of the wool
apparently originates outside the Commonwealth. Processed wool is sold
by the Company f. o. b. Lawrence, Massachusetts, where title passes to
the purchasers. However, approximately 90 percent of the processed wool
is actually shipped by the Company to points outside the Commonwealth
of Massachusetts.
We find, contrary to its contention, that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.'
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to membership
employees of the Company.
Department of Woolen and Worsted Workers of the United Textile
Workers of America, affiliated with the American Federation of Labor,
is a labor organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the CIO as the collective bargaining
representative of certain of its employees until certification by the Board
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the CIO 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 2 (6) and (7) of the Act.
1V. THE APPROPRIATE BARGAINING UNIT
It appears that all parties are in, general agreement concerning the com-
position of the appropriate unit. In substantial accordance with this agree-
ment and based upon the entire record we find that all production and
I See Santa Cruz F, nit Packing Co v N L R. B , 303 U. S. 453
2 The Field Examiner reported that the CrO submitted 80 authorization cards, and it appears
from the record that there are 236 employees in the unit hereinafter found appropriate The Field
Examinei also reported that the AFL submitted 63 authorization cards
LAWRENCE WOOLEN COMPANY 1153
maintenance employees of the Company, excluding office and clerical
employees, the chemist, overseers, second hands, the storekeeper, assistant
superintendent, superintendent, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively 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
ae
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately 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 representatives
for the purposes of collective bargaining with Lawrence Woolen Company,
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 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 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 the 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 those employees 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 Textile
Workers Union of America, CIO, or by Department of Woolen and
Worsted Workers of the United Textile Workers of America, AFL, for
the purposes of collective bargaining, or by neither.
I Inasmuch as the unit is one of pioduction and, maintenance workers and since the record indi-
cates that, apart from the chemist, the Company employs no technical workers, we perceive no
season to insert "technical employees" among the excluded categories as requested by the Company.