M. T. Stevens & Sons Co.

National Labor Relations Board - Board Decisions

Oct 31, 1944

58 N.L.R.B. 1626 (N.L.R.B. 1944)

In the Matter of M. T . STEVENS & SONS CO., MERRIMACK WOOLEN MILLS
and TEXTILE WORKERS UNION OF AMERICA, C. I. O.
Case No.1-R-2O82.Decided October 31,1944
Mr. William M. Byrne, of Boston, Mass., for the Company.
Mr. Michael Sciioonjans, of Lawrence, Mass., for the C. I. O.
Miss Mary Taccone, of Lawrence, Mass., for the A. F. of L.
Mr. Louis 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 C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
M. T. Stevens & Sons Co., Merrimack Woolen Mills, Dracut, Massa-
chusetts, 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 Lowell,
Massachusetts, on September 25, 1944. At the commencement of the
hearing the Trial Examiner granted a motion of Department of
Woolen & Worsted Workers of United Textile Workers of America,
A. F. of L., herein called the A. F. of L., to intervene. The Company,
the C. I. 0., and the A. F. of L. appeared, participated, and were af-
forded 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 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
M. T. Stevens & Sons Co. is a Massachusetts corporation with its
executive offices at Andover, Massachusetts. We are here concerned
with its plant at Dracut, Massachusetts, known as the Merrimack
Woolen Mills. The Company uses raw materials valued in excess of
58 N L. R B., No. 291.
1626
M. T. STEVENS & SONS CO. 1627
$1,000,000 annually at its Merrimack Woolen Mills, almost all of
which is shipped to it from points outside the State of Massachusetts.
The Company produces woolen and worsted products at its Merrimack
Woolen Mills valued in excess of $1,000,000 annually, all of which is
shipped to points outside the State of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGAEIZAIIONS INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
Department of Woolen & Worsted Workers of United Textile Work-
ers of America, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the C. I. O. as exclusive bargain-
ing representative of the employees at the Merrimack Woolen Mills
until such time as the C. I. O. is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicated that the C. I. O. represents a sub-
stantial number of employees in 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 APPEOPRIATE UNIT
The C. I. O. urges that all production and maintenance employees
at the Merrimack Woolen Mills of the Company, including section
hands or third hands, but excluding office and clerical employees,
militarized guards and watchmen, executives, second hands, and any
other supervisory employees constitute an appropriate unit. The only
controversy with respect to the unit concerns factory clerks.
The Company employs two persons classified as factory clerks.
They work in the plant with the production employees and are under
the same supervision as the latter. We shall include them in the unit.
We find that all production and maintenance employees at the
Merrimack Woolen Mills of the Company, including section hands
or third hands, factory clerks, and non-militarized guards and watch-
I The Field Examiner repotted that the C I 0 presented 141 authorization cards Th're
ate approximately 405 employees in the appropriate unit. The A. F. of L presented 58
authoiization cards
1628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, but excluding office and clerical employees, militarized guards
and watchmen, executives, second hands, and any other supervisory
employees with authority, to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 Rela-
tions 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 M. T. Stevens &
Co., Merrimack Woolen Mills, Dracut, 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 Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate 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 em-
ployees in the armed forces of the United States who present them-
selves 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 Textile Workers Union of America, C. I. 0., or by
Department of Woolen & Worsted Workers of. United Textile
Workers of America, A. F. of L., for the purposes of collective
bargaining, or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election. -