Textron, Inc.

National Labor Relations Board - Board Decisions

Mar 27, 1947

72 N.L.R.B. 1422 (N.L.R.B. 1947)

In the Matter of TEXTRON , INC., EMPLOYER and INTERNATIONAL LADIES
GARMENT WORKERS UNION, AFL, PETITIONER
Case No. 1-R-3461.-Decided March 07, 1947
Edwards cf Angell, by Mr. John L. Clark, of Providence, R. I., for
the Employer.
Roewer, Reel c0 Donovan, by Mr. Walter R. Donovan, of Boston,
Mass., for the Petitioner.
Grant c6 Angoff, by Mr. Sidney Grant, of Boston, Mass ., for the
Intervenor.
Mr. Irving D. Rosenman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on January 13, 1947, before Robert E. Greene, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations,
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Textron, Inc., a Rhode Island corporation, operates 14 plants
throughout New England , and maintains its- principal office at Lowell,
Massachusetts . We are here concerned with its plant at East Green-
wich, Rhode Island, where it is engaged in the finishing and sewing
of knitted cloth. This plant commenced operations in August 1946
and is still in the process of construction. From August 1946 to
December 1946, the Employer purchased for use at this plant raw
materials valued in excess of $5,000, all of which were shipped from
points outside Rhode Island. During the same period the Employer
produced finished products in excess of $1,000, of which substantially
all were shipped outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning' of the National Labor Relations Act.
72 N. L. R. B., No. 260.
1422
TEXTRON, INC.
II. THE ORGANIZATIONS INVOLVED
1423
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the
Employer.,
Amalgamated Clothing Workers of America, herein called the
Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
III. TilE QUESTION CONCERNING REPRESENTATION
The Employer has refused to grant recognition to the Petitioner
as the exclusive bargaining representative of its production and main-
tenance employees until the Petitioner has been certified by the Board
in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties generally agree that the appropriate unit should con-
sist of all production and maintenance employees at the Employer's
East Greenwich, Rhode Island, plant, excluding plant guards, watch-
men, nurses, office and clerical employees, and any supervisory em-
ployees with authority to hire, promote, discharge, discipline or
otherwise effect changes in the status of employees, or effectively
recommend such action. The only disagreement between the parties
arises from the desire of the Employer and the Intervenor to exclude
front the category of maintenance employees those construction work-
ers whose employment will be terminated at the conclusion of the
construction work now in progress.
At the time of the hearing, the Employer employed approximately
30 maintenance employees, all of whom were engaged in construction
work. Although the Employer takes the position that, after the con-
struction work is completed, the plant will only require the services
of approximately 18 maintenance men, and that the remainder will
be separated, there is no basis in the record for identifying or dis-
tinguishing between those who will be retained and those, if any, who
will be separated. Thus the record discloses that all maintenance per-
sonnel were hired on a similar basis and all were warned of projected
'The Petitioner has waived any right to object to an election held in the instant pro-
ceeding on the basis of any of the acts alleged as unfair labor practices in Case No i-C-
2985.
731242-47-voI 72-91
1424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
future curtailment. It indicates further that it is impossible to deter-
mine when curtailment will occur. Moreover, it appears that, due to
the Employer's considerable difficulty in recruiting additional per-
sonnel, some of the surplus maintenance men, who are presently
engaged in construction work, may be retained by the Employer in
some other capacity. Under these circumstances, we shall include
all construction workers within the appropriate unit as maintenance
employees.2
We. find that all production and maintenance employees at the Em-
ployer's East Greenwich, Rhode Island, plant, excluding plant guards,
watchmen, nurses, office and clerical employees, and any supervisory
employees 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 bargaining within the meaning of Section 9 (b) of the
Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
The Employer contends that an election at the present time would
be premature because it is still in the process of setting up its plant,3
while the Petitioner desires a current determination of representatives.
At the time of the hearing the Employer was producing and shipping
a limited supply of its products. It employed 142 workers of whom
approximately 111 were within the appropriate unit.4 This figure
of 142 is approximately 28 percent of the total anticipated colnple-
ment of approximately 500, which the Employer desires to attain by
July 1, 1947. The record shows, however, that the attainment of this
goal is contingent upon a number of admitted imponderables, includ-
ing the procurement of an adequate supply of raw materials, delivery
of equipment and machinery, the availability of skilled and trained
personnel; and the training program required for the personnel hired.
The Employer further admits that while July 1, 1947, is the goal, it
"certainly might be longer than that."
2 Matter of the Logan Clay Products Company, 63 N L R B 245
3 At the time of the hearing, the Intervenor joined with the Employer in objecting to an
immediate election Subsequently it filed a withdrawal of this objection
4 The pay roll just prior to December 5, 1946, discloses the following employees in the
appropriate unit 7 inspectors, 34 stitcheis, 3 in the packing and finishing department,
2 in bundling, 5 in the experimental department, 6 cutters, 2 machinists, and 1 in the
shipping-department T4tienty-one additional employees of all categories were hired during
the month of December, so that, as of the date. of the heanrig, there were 111 employees
in the appiopriate unit, including the 30 maintenance men Although the Employer plans
to add a dye house to its present facilities, and employ 10 dyers therein, there was no indi-
cation of when this addition would be made
5 The Employer has been attempting to recruit personnel by advertising in newspapers
and over the radio. Since November 29, 1946, when it had about 75 employees, it has only
succeeded in hiring approximately 9 employees a week.
TEXTRON, INC. 1425-
Under all these circumstances, including the numerous uncertainties
as to when the Employer's contemplated expansion will materialize,
and the fact that the current personnel is producing knitted goods and
constitutes a substantial and representative group, we do not believe
that the large number of employees now working at the plant should be
deprived of their rights at the present time to bargain collectively with
the Employer as provided in the Acts We shall, accordingly, pro-
ceed with an election by secret ballot among the employees in the ap-
propriate unit, subject to the limitations and additions set forth in the
Direction.
However, because the Dumber of production and maintenance em-
ployees may more than double within a comparatively short time as
a result of the Employer's plant expansion, we shall entertain a new
representation petition affecting the employees involved herein within
a period of less than a year, but not before the expiration of 6 months
from the date of any certification we may issue in the instant proceed-
ing, upon proof (1) that the number of employees in the appropriate'
unit is more than double the number eligible to vote in the election
hereinafter directed; and (2) that the petitioning labor organization
represents a substantial number of employees in the expanded appro-
priate unit.'
DIRECTION OF ELECTION 8
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Textron, Inc., East Greenwich,
Rhode Island, 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 Direc-
tor for the First Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
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
0Matte, of Tuttle Siltie, Company, Inc, 66 N L R B. 238, and Matter of The General
Tire and Rubber Company, 63 N L R B 182
'Matter of Spicer Manufacturing Corporation , 69 N L R B 658, and Matter of Alum,-
uuni Company of America, 52 N. L. R B 1040
6 Any participant in the election herein may, upon its prompt request to, and approval
thereof b}, the Regional Director, have its name removed from the ballot.
1426 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
International Ladies Garment Workers Union, AFL, or by Amalgam-
ated Clothing Workers of America, CIO, for the purposes of collective
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.