M. T. Stevens & Sons Co.

National Labor Relations Board - Board Decisions

Feb 1, 1946

65 N.L.R.B. 754 (N.L.R.B. 1946)

In the Matter of Al. T . STEVENS & SONS COMPANY and TEXTILI
WORKERS UNION OF AMERICA, C. I. O: 1
Case No . .t-R-2675.-Decided February 1, 1946
Tyler d Reynolds, by Mr. William F. Byrne, of Boston, Mass., for
the Company.
Messrs. Michael Botelho and Harold F. Ford, of Lawrence , Mass.,
for the C. I. O.
Mr. Joseph M. Hastings, of Lawrence, Mass., for the A. F. of L.
Mr. Elmer P. Freischlag, 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,
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 Company, North Andover, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John W.
Coddaire, Jr., Trial Examiner. The hearing was held at Lawrence,
Massachusetts, on December 10, 1945. At the commencement of the
hearing the Trial Examiner granted a motion of Department of
Woolen & Worsted Workers of America, U. T. W. A.-A. F. L., herein
called the A. F. of L., to intervene. The Company, the C. I. 0., and
the A. F. of L. 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 Exam-
iner '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
1. THE BUSINESS OF THE COMPANY
M. T. Stevens & Sons Company is a corporation organized and
doing business under the laws of the Commonwealth of Massachusetts,
65 N. L. R. B., No. 124.
754
M. T. STEVENS & SONS COMPANY 755
with manufacturing mills located throughout the New England area.
We are here concerned with the Company's mill at North Andover,
Massachusetts, known as the Osgood Mills, where it is engaged in
the manufacture of woolen and worsted fabrics.
The Company, at its Osgood Mills, uses annually raw materials
valued in excess of $1,000,000, substantially all of which is shipped to
it from points outside the Commonwealth of Massachusetts, and the
finished products annually are valued in excess of $1,000,000, substan-
tially all of which is shipped by it to 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 ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Department of Woolen & Worsted Workers of America, U. T. W. A.,
is a labor organization, affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 19, 1945, the C. I. 0., by letter, notified the Company
that a majority of the Company's employees had designated the C. 1. 0.
to represent them for the purposes of collective bargaining and re-
quested a reply so that negotiations could commence . The Company
replied that it would negotiate only with a union that had been certi-
fied by the National Labor Relations Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. 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.
IS'. THE APPROPRIATE UNIT
In accordance with the agreement of the parties at the hearing, we
find that all production and maintenance employees of the Company at
its Osgood Mills, excluding office and clerical workers, executives,
1 The Field Examiner reported that the C . I. O. submitted 56 application cards and that
the names of 48 persons appearing on the cards were listed on the Company 's pay roll of
October 1, 1945 ; and that the A . F. of L submitted 36 application cards, and that the
names of 18 persons appearing on the cards were listed on the Company's pay roll of
October 1, 1945.
There are approximately 135 employees in the appropriate unit.
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory employees (including and above the rank of second-
hands), and any other supervisory employees with the authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status- of employees, or effectively recommend such action, constitutes 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 employ-
ees 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 Direc-
tion.
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 Rela-
tions 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 &
Sons Company, North Andover, Massachusetts, an election by secret
ballot shoIll 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 sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 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, C. I. 0., or by Department of
Woolen & Worsted Workers of America, U. T. W. A.-A. F. of L.,
for the purposes of collective bargaining, or by neither.