New Bedford Cotton Manufacturers Association

National Labor Relations Board - Board Decisions

Mar 16, 1948

76 N.L.R.B. 771 (N.L.R.B. 1948)

In the Matter of NEW BEDFORD COTTON MANUFACTURERS ASSOCIATION
and NEW BEDFORD Loom FIXERS UNION (INDEPENDENT)
Case No. 1-R-383.
ORDER
March 16,1948
On February 16, 1948, the National Labor Relations Board issued
an order in this case, requiring all parties to show cause why the
Board, upon reconsideration, should not reverse its decision of Janu-
ary 7, 1948, in which it granted the appeal of the petitioner, New
Bedford Loom Fixers Union (Independent), from the refusal of
the Regional Director to issue a Notice of Hearing. All parties have
made timely response to this order. The petitioner opposes reversal
of the January 7th decision ; the employer, New Bedford Cotton Manu.
facturers Association, and the intervenor, Textile Workers Union
of America, CIO, favor such reversal.
The Board's decision of January 7 was predicated upon a deter-
urination that under the amended statute, the petitioner in this case
raised sufficiently substantial issues concerning the appropriateness
of the proposed bargaining unit to warrant a hearing. Upon full
consideration of the submissions of all parties, the Board adheres to
that determination.
The procedure by which the petitioner's appeal reached the Board
was entirely correct. During the pendency of the proceeding, however,
the Regional Director conducted an election in another case (1-R-
3835), in a voting group which included the employees here in dis-
pute. That election was won by the intervenor. In reliance upon
this result, the employer and the intervenor have entered into con-
tractual relationships. They urge the unsettling effect of a disruption
of these relationships.
While recognizing the cogency of this plea, the Board is neverthe-
less of the opinion that it would be inequitable to deprive the peti-
tioner of a hearing on the merits of its unit contention solely because
other parties have acted in reliance on the results of a Board election
which should not have been conducted during the pendency of the
petitioner's appeal.
76 N. L. R. B., No. 110.
781902-48-vol 76-50 771
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board accordingly must deny the motion of the intervenor for
reconsideration and reversal of its decision of January 7, and directs
that a hearing be held at which all appropriate issues may be raised
on the merits. Nothing contained in this Order is to be taken to affect
the present validity of any existing contractual arrangements between
the employer and the intervenor.
Dated, Washington, D. C., March 16, 1948.
By direction of the Board: 1
FRANK M. KLEILER,
Executive Secretary.
1 Members Houston and Murdock dissent from this action.