Textile By-Products Corp.

National Labor Relations Board - Board Decisions

Dec 19, 1942

46 N.L.R.B. 170 (N.L.R.B. 1942)

In the Matter of TEXTILE BY- PRODUCTS CORPORATION and TEXTILE
WORKERS UNION'or AMERICA"C. I. O.
Case No.'R-.4567.Decided. Decemaber 19," 1942
Jurisdiction : felt manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of alleged existing contract; contract with
organization which subsequently became defunct Field no bar to present determi-
nation ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
and shipping employees, including firemen, watchmen, and machinists, but
excluding foremen, office, and clerical employees ; stipulation as to.
Mr. Charles Trynin, of New York City, for the Company.
Mr. Jack Rubenstein, of Utica, N. Y., for the Textile Workers.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION Or' ELECTION
STATEMENT OF THE CASE
Upon petition duly' filed by Textile Workers Union of America,
C. I. 0., herein called the Textile Workers, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees, of Textile By-Products Corporation, Hudson, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Cyril W.
O'Gorman, Trial Examiner. Said hearing was held at Hudson, New
York, on November 18, 1942. The Company and the Textile Workers
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues.' The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
1 Independent Textile Workers, Union, herein called the Independent , did -not appear
and was not represented at the hearing although it had been given due notice thereof.
46 N. L. R. B., No. 24
170
TEXTILE BY-PRODUCTS., CORPORATION:, 171
FINDINGS OF FACT
. 'I. THE BUSINESS OF THE COMPANY
Textile By-Products Corporation is a corporation duly organized
and incorporated under the laws of the State of New York. ' It has
its principal office and place of business at Hu'dson,'New York, where
it manufactures, sells, and distributes felt and allied products. Dur=
ing the 6 months preceding October 1, 1942, the Company, purchased
raw materials valued at about $135,000. Over 90 percent of said
materials were shipped to its plant from points outside the State of
New York. During the same'period the Company produced finished
products valued at $230,000,,75. percent of which was shipped to points
outside New York State.
The -Company admits 'that, it is engaged in commerce, within the
meaning of the National Labor Relations'Act. '
U. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affili-
ated& with the Congress of -Industrial - Organizations , admitting to
membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On August 18, 1941, the Company and the Independent executed
ar contract for 1 year which provided,, in part, for an automatic re-
newal. The contract also provided for revision upon 60, days' notice
after the expiration dates F' .
It'appears that the Independent had its inception in the summer
of 1941, existed as a purely 'informal organization with no written
constitution -or bylaws, that it collected monthly dues but four times;-
and that it finally disintegrated in November or December of the
same year after (the failure of- its Executive Board and Grievance
Committee to adjust to the satisfaction of its members, a matter
involving seniority in lay-offs. Since then, the only activity engaged
in by the Independent was a clam bake held for, the purpose, of
liquidating all the money in the organization's treasury.
On September 15, 1942, representatives of the Textile Workers con-
ferred with the Company's officials and made a request for collective
bargaining., This was refused oil .the ground that the Company was
still under contract with the Independent., At the hearing, the Com_ -
pany maintained-that it was bound by the contract,.^because even if
_there.'had been. a change of allegiance on the: part of 'the members
172 DECISIONS OF NATIONAL :LABOR ' RELATIONS` BOARD
of the Independent, such'. change was based on the mistaken belief
that they were no longer covered by the contract.
Inasmuch as one of•the parties to the contract is now apparently
defunct, we are of the opinion that the purported renewal, of the
contract is not a bar to this proceeding.
A report of the Regional Director, introduced ' in evidence 'at the
hearing, 'indicates that the Textile Workers represent a substantial
number of employees in the unit hereinafter found appropriate.2
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 stipulated, and .we find, that' all production; mainte-
nance, and shipping employees'.ncluding firemen, watchmen, -and
machinists, but. excluding , foremen, office and clerical employees of
the Company, constitute a unit-appropriate for' the purposes of col-
lective 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
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. , ' , I , • I
We shall not at this time accord the Independent a place on the
ballot; , since it appears that it is no longer in existence. - However,
upon a proper request made by, that ' organization within five, , (5)
• days 'from the ; date. of this , Decision , we will place it, on the ballot.
DIRECTION OF ELECTION
r By virtue of and pursuant to' the power vested.in the National
Labor Relations Board by Section 9 (5)' of the National ' Labor
Relations Act, and pursuant. to Article III, Section 9,, of, National
Labor Relations Board Rules and Regulations-Series 2, as amended,,
it is hereby
DmEcTED that 'as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Textile -By.
2 Tbe` Regional Director reported that 'Textile Workers submitted .43` authorization
cards bearing apparently , valid signatures of persons on the August 31, 1942, pay roll.
`There were 69 employees in the claimed appropriate unit. - The Independent submitted-
no proof of membership whatever.
TEXTLE BY-PRODUCTS CO'RPOR'ATION 173
Products Corporation, Hudson, New York, 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 Second Region,
acting - in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and
Regulations, among all 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 em-
ployees 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 those employees who have
since quit or been discharged for cause, to determine whether or not,
they desire to be representedby Textile Workers Union of America,,
C.I.O.,- for the purposes of collective bargaining.