New Bedford Cotton Manufacturers' Association

National Labor Relations Board - Board Decisions

Jul 10, 1945

62 N.L.R.B. 1249 (N.L.R.B. 1945)

In the Matter of NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION
and UNITED TEXTILE WORKERS OF AMERICA, AFL
Case No. 1-R-2392.-Decided July 10, 1945
Ropes, Gray, Best Coolidge & Rugg, by Messrs . Charles B. Rugg and
John M. Mullen , of Boston , Mass., for the Association.
Mr. Bernard .L. Everts, of Washington, D. C., for the UTWA.
Mr. Isadore Katz, of New York, City , for the TWUA. _
Mr. Jacob Minkin , of New Bedford , Mass., for the Loomfixers and the
Slasher Tenders. .
Mr. Joseph P. 112cNancara , of Boston, Mass ., for the Firemen.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of America, AFL,
herein called the UTWA, alleging that a question affecting commerce had
arisen concerning the representation of employees of the companies com-
prising the New Bedford Cotton Manufacturers' Association, New Bed-
ford, Massachusetts, herein called the Association, the National Labor
Relations Board provided for an appropriate hearing upon due notice before
Robert E. Greene, Trial Examiner. Said hearing was held at New Bedford,
Massachusetts, on May 24 and 25. 1945. The Association, the UTWA,
Textile Workers Union of America, CIO, herein called the TWUA. New
Bedford Loomfixers' Union, herein. called the Loomfixers, New Bedford
Slasher Tenders Union, herein called the Slasher Tenders, and Interna-
tional Brotherhood of Firemen and Oilers, Powerhouse Employees, Oper-
ators and Maintenance Men, AFL, herein called the Firemen, appeared
and participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence hearing
oii the issues. The Trial Examiner's rulings made at the hearing are free
62 N. L. R. B, No. 167.
1249
1250 DECISIONS 01, NATIONAL LABOR RELATIONS BOARD
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
I. THE BUSINESS OF THE MEMBER COMPANIES OF TIE ASSOCIATION
New Bedford Cotton Manufacturers' Association is a voluntary unin-
corporated association of cotton and textile manufacturing companies, all
located in the city of New Bedford, Massachusetts. The following firms
constitute the membership of the Association : Gosnold Mills Corporation,
Hathaway Manufacturing Company, Nashawena Mills, Naushon Mills,
Inc., Nonquitt Mills,'Pierce Brothers Limited, Soule Mill, Wamsutta Mill,
and Kilburn Mills. The member firms are engaged principally in the manu-
facture of cotton yarn and cotton cloth in the category of fine goods, al-
though in some instances rayon fabrics are also produced. They annually
use 82 million pounds of raw cotton and rayon and produce approximately
170 million yards of fabric and 8/ million pounds of yarn. Substantially
all of the raw material used is received from sources located outside the
Commonwealth of Massachusetts and most of the finished products is
shipped to points outside the Commonwealth.
We find that the member companies of the Association are 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 Indus-
trial Organizations, is a labor organization admitting to membership em-
ployees of the companies belonging to the Association.
United Textile Workers of America, together with its affiliate New
Bedford Slasher Tenders Union, and International Brotherhood of Fire-
men and- Oilers, Powerhouse Employees, Operators and Maintenance Men,,
all affiliated with the American Federation of'Labor, are labor organizations
admitting to membership employees of the companies belonging to the
Association.
New Bedford Loomfixers' ,Union,' unaffiliated, is a labor organization
admitting to membership employees of the companies belonging to the
Association.
III. THE QUESTION CONCERNING REPRESENTATION
The Association has refused to recognize the UTWA as the collective
bargaining representative of the employees of its member firms unless and
'The Loomfixers terminated its affiliation with the UTWA in March 1945 , there is, however,
some question as to the constitutionality of its action. The Slasher Tenders is still affiliated with
the UTWA.
NE\V' BEDFUILD CUi'l ) N MANUFACTURERS' ASS UCL-\Tl()\ 1251
until the UTWA 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 UTWA 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 companies comprising the Association,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The UTWA seeks an Association-wide production and maintenance unit
identical with that previously found appropriate by the Board in,Matter of
New Bedford Cotton Manufacturers' Association,' a proceeding involving
substantially all of the present parties. The Association and the TWUA
agree as to the appropriateness of the aforesaid unit. The Loomfixers, the
Slasher Tenders, and the Firemen , however, urge that Association-wide
craft units of loomfixers , slasher tenders and their helpers. and firemen be
established.
History of collective bargaining
In the previous New Bedford case, the TWUA petitioned for separate
company-wide production and maintenance units. The Association and the
New Bedford Textile Council , affiliated with the UTWA and comprised
of different craft locals in the industry including the Loomfixers, the Slasher
Tenders, and the Firemen , objected to the proposed company-wide units
and contended that only an Association -wide production and maintenance
unit was appropriate . Significantly , none of the craft locals affiliated with
the Council sought the establishment of craft units . The Board accepted
the argument of the Council and the Association and held that an Associa-
tion-wide production and maintenance unit was appropriate In its Decision,
the Board described the history of collective bargaining in the textile indus-
The Field Examiner reported that the UTWA submitted 2,310 dues records and application
for membership cards; that the names of 1,970 persons appearing on the records and cards were
listed on the pay rolls of the Association firms for the period ending April 7, 1945, which contained
the names of 9,100 employees in the appropriate unit. The TWUA relies on its presently existing
contract which will expire on August 1, 1945 , to establish its interest. Since the said contract
contains union-shop provisions, we regard the UTWA's showing as substantial.
The Field Examiner further reported that the proposed loomfixers ' unit contained the names of
approximately 620 employees , and that the Loomfixers submitted 432 dues records, of which 388
boie names of employees on the aforesaid pay rolls.
At the hearing the Trial Examiner reported that the Slasher Tendets had submitted its dues
record book which showed a dues paying membership of 126 slasher tenders and their helpers among
Association firms Association records show that there are 118 slasher tenders and their helpers
employed by its member firms. No explanation was given for this apparent discrepancy between the
number employed and the number reported as members.
The Trial Examiner further reported that the Firemen had submitted 23 authorization caids, of
which 18 were undated and 5 were dated on January 18, 1943. There are 36 employees in the
proposed firemen's unit.
3 47 N. L. R. B. 1345. The parties stipulated that the record in the cited cases be mcoiporated
by reference in the instant case
1252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
try of New Bedford as follows : "Labor organizatioli in the textile industry
of New Bedford exists in the form of craft locals with a history covering
more than 50 years. More than a score of years ago these craft unions
became united for the purposes of collective bargaining with the Council.
... Collective bargaining, especially with the Association, has been con-
ducted for the craft unions by the Council through a committee designated
for that purpose. When agreements were reached between the Council
committee and the advisory committee of the Association they were referred
hack to the respective locals for ratification. The agreements were then
signed by the Council and also by its constituent locals. At various times in
its history the Council has been independent, at ode time it was affiliated
with the Committee for Industrial Organization ; it is now affiliated with
the American Federation of Labor. During each of these periods it has
continued to bargain with the Association on an Association-wide basis."
In the election campaign which followed the Board's Decision and Direc-
tion of Election, the Loomfixers, the Slasher Tenders, and the Firemen
participated together with the other craft locals affiliated with the Council
in urging the designation of the latter. However, the TWUA won the
election and was certified by the Board.' Thereafter the Association and
the TWUA entered into a 2-year collective bargaining contract to expire
on August 1, 1945. Several loomfixers were members of the committee
which negotiated the contract, many more are officials of the locals of the
TWUA at the various plants owned by Association members.' Throughout
the term of the present contract, the Association has dealt exclusively with
the TWUA concerning all matters involving loomfixers, slasher tenders,
and firemen as well as other employees covered by the contract. The few
attempts by the Loomfixers and the Slasher Tenders to handle grievances
for members of their crafts have been rebuffed both by the Association and
the TWUA.
While it is true, as the Loomfixers and the Slasher Tenders contend in
their brief, that the question of the appropriateness of craft units was not
specifically raised in the earlier New Bedford case, the Board did pass on
that issue in two subsequent cases involving mills in New Bedford which
were not members of the Association. In Matter of Ramsay Mills, Inc.,"
and Matter of Gilt Edge Textile Mills, Inc.,' the Loomfixers, the Slasher
Tenders, and another craft local known as the Knot Tiers, opposed the
company-wide units sought by the TWUA and requested the establish-
ment of separate craft units comprised of loomfixers, slasher tenders, and
knot tiers, respectively. The Board rejected the contentions of the craft
locals and held that company-wide units were appropriate. In the Ramsay
4 Matter of New Bcdford Cotton Manufactures' Association , 48 N. L. R. B 1251.
s Slasher tenders and firemen seem to have played a less active role in the affairs of the TWUA.
654N L R B 31.
T54NLRB21
NEW BEDFORD COTTON MANUFACTURERS' ASSOCIATION 1253
Mills case the Board stated : "Inasmuch as the record shows that the opera-
tions of the Company's mill are functionally coherent and completely inte-
grated, and since it is also evident that, in spite of the fact that each of the
Locals has maintained formally separate identity, the actual course of or-
ganization and collective bargaining which they, as members of the Council,
have followed with respect to the Company's employees has been on an
industrial basis for the past several years, we are of the opinion that the
separate units requested by the Locals are inappropriate ... " (Emphasis
supplied.)
For a great many years there has thus existed in the textile mills of New
Bedford a pattern of collective bargaining on an Association-wide or com-
pany-wide basis. This pattern was created not only with the acquiescence
but also with the support of the Loomfixers, the Slasher Tenders, and the
Firemen, and has, as was testified in the previous proceeding, contributed to
the establishment of a sound basis of labor relations in the textile mills of
New Bedford e To alter the existing bargaining pattern at this late date
and to set up the craft units requested by the Loomfixers, the Slasher
Tenders, and the Firemen would be disruptive of that stability in labor rela-
tions which the Act is designed to achieve. We are of the opinion, therefore,
that the Association-wide production'and maintenance unit is appropriate.
In reaching this decision we have taken full cognizance of our recent
Decisions in the Luther and Pepperell cases' where we held craft units of
loomfixers, slasher tenders, and knot tiers appropriate despite a previous
decision that only company-wide units were appropriate. The facts in the
Luther and Pepperell cases are distinguishable, however, from those in the
instant proceeding. In the former cases the craft locals, after the Board's
determination that only company-wide units were appropriate, signed affili-
ation agreements with the UTWA which provided that the craft locals
were to retain local autonomy "with the right to bargain with employers
concerning terms and conditions of employment and to enter into contracts
concerning the same either as an individual local or in combination with the
other locals." In the instant case, the locals had also signed autonomy
agreements with the UTWA but these simply provided that the property
and funds of the locals were to remain the separate property of the latter
and that the locals were to retain autonomy and the right to self-government
in matters of organization, maintenance of organization, and direction of
8 The Board in the previous New Bedford case described the results of the system of collective
bargaining on an Association-wide production and maintenance unit basis as follows . "This system
of dealing has become traditional in the New Bedfard cotton textile industry, has proved conducive
to the orderly functioning of collective bargaining , and has contributed to uniformity and stability
of labor relations not only among the Association mills but among other New Bedford nulls of like
class , which is a general rule have followed the lead of the Association "
"Matte, of Luther Manufacts,my Company, et a!, 58 N L. R B 1307, and 61 N L R B 858.
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
local strikes, subject to consultation and advice of the UTWA. No mention
is made in these agreements of any right in the locals to bargain separately
with employers. Moreover, in the Luther and Pepperell cases, the president
of the UTWA, after withch awal of affiliation by the locals and after a strike,
notified the companies that the UTWA released bargaining rights for loom-
fixers, slasher tenders, and knot tiers to the respective craft locals. Acting
on this message, the companies thereafter bargained exclusively with the
craft unions concerning the employees coming within their jurisdiction.
No such situation exists in the present case. As stated previously, the
TWUA has neither by word nor deed relinquished jurisdiction over loom-
fixers, slasher-tenders and firemen, and the craft locals seeking to represent
these groups have been rebuffed by both the TWUA and the Association in
their few attempts to inject themselves as bargaining agents for their mem-
bers. The Board was careful to distinguish the situation in the Luther and
Pepperell cases from that existing in the New Bedford area where a stable
pattern of bargaining has been in existence for many years. In footnote 19
of the Supplemental Decision in the Luther and Pepperell" cases, the Board
added the following admonition : "However, our determination in this
proceeding is not to be construed as applicable to conditions which obtain
in the New Bedford, Massachusetts, area. The pattern of collective bar-
gaining in that area is set forth in our Decision in Matter of New Bedford
Cotton Manufacturers' Association, 47 N. L. R. B: 1345, and is distinguish-
able from the pattern described herein."
Accordingly, we find that all production and maintenance employees of
Gosnold Mills Corporation, Hathaway Manufacturing Company, Nasha-
wena Mills, Naushon Mills, Inc., Nonquitt Mills, Pierce Brothers Limited,
Soule Mill, Wamsutta Mill, and Kilburn Mills, New Bedford, Massachu-
setts, excluding office and clerical employees, warehousemen. yardmen,
truck drivers, and all executive and supervisory employees (second hands
and up) 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 bargain-
ing within the meaning of Section 9 (h) 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 employees in
the appropriate unit who were employed during the pay-roll period imme-
diately preceding the date of'the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
1PMatt" of Li{thc, 411anufactwing Cornpangy et of., 61 N, L. R, I3, 858.
Evv liEIH OR1 CO TTON NANUFACTURF_RS' ASSOCIATION 1255
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 New Bedford Cotton Manu-
facturers ' Association as representative of Gosnold Mills Corporation,
Hathaway Manufacturing Company, Nashawena Mills, Naushon Mills,
Inc., Nonquitt Mills, Pierce Brothers Limited, Soule Mill, Wamsutta Mill
and Kilburn Mills, 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, 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 dis-
charged 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
United Textile Workers of America, AFL, or by Textile Workers Union
of America, CIO, for the purposes of collective bargaining, or by neither
CHAIRMAN' HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.