Madison Woolen Co.

National Labor Relations Board - Board Decisions

Oct 9, 1945

63 N.L.R.B. 1492 (N.L.R.B. 1945)

In the Matter Of MADISON WOOLEN COMPANY and DEPARTMENT OF.
WOOLEN AND WORSTED WORKERS OF THE UNITED TEXTILE WORKERS
OF AMERICA , A. F. L.
Case No. 1-R400.-Decided October 9, 1945
Mr. John J. Mahon, of Lewiston, Me., for the Company.
Mr. Norman Starbird, of Lawrence, Mass., for the Union.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Department of Woolen and Worsted
Workers of the United Textile Workers of America, A: F. L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Madison Woolen
Company, Madison, Maine, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before John W. Coddaire, Trial Examiner. The hearing
was held at Madison, Maine, on July 17, 1945. The Company and the
Union 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 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
Madison Woolen Company, a Maine corporation, is engaged in the
manufacture of woolen cloth. Its only office and mill, located in Madi-
son, Maine, is involved in the present proceeding. The principal raw
materials used in its manufacturing processes are wool and wool
63 N. L . R. B., No. 225.
1492 - -
MADISON WOOLEN COMPANY 1493-
fibres. Approximately 80 percent of the raw materials annually pur-
chased by the Company are shipped to it from points outside the State
of Maine. Approximately 100 percent of the finished products an-
nually manufactured by the Company are shipped to points outside
the State of Maine.
The Company admits that its operations at the Madison plant affect
commerce within the meaning of the National Labor Relations Act,
and we so find.
II. THE ORGANIZATION INVOLVED
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
1
The Company has refused to grant recognition to the Union as the
,exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties stipulate, and we find, that all production and main-
tenance employees, including weighers, distributors, and watchmen,
but excluding executives, overseers, second hands, office and clerical
employees, designers, and all other supervisory employees with author-
ity 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 bargain-
ing 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 the Direction of Election
'The Field Examiner reported that the Union submitted 157 authorization for member-
ship cards, 147 of which were dated in May 1945; 10 were undated. There are approxi-
mately 260 employees in the proposed unit.
1494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the Madison
Woolen Company, Madison, Maine, 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 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 or not they desire to be represented
by Department of Woolen and Worsted Workers of the United
Textile Workers of America, A. F. L., for the purposes of collective
bargaining.
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