Textron, Inc.

National Labor Relations Board - Board Decisions

Apr 8, 1947

73 N.L.R.B. 227 (N.L.R.B. 1947)

In the Matter of TEXTRON, INC., ErIPLox R and INTERNATIONAL LADIES'
GARMENT WORKERS' UNION, AFL, PETITIONER
In the Matter of TEXTRON, INC., EMPLOYER and AMALGAMATED CLOTH-
ING WORKERS OF AMERICA, C. I. 0., PETITIONER
Cases Nos . 1-R35!7 and 1-R-3575, respectively .Decided April 8,
1947
Mr. Edwards Whitmore, of Lowell, Mass., for the Employer.
Roewer, Reel c Donovan, by Mr. Walter Donovan, of Boston, Mass.,
for the AFL.
Grant & Ango ff, by Mr. Frederick Cohen, of Boston, Mass., for the
CIO.
Mr: Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at Boston, Massachusetts, on February 24, 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. TIIE BUSINESS OF THE EMPLOYER
Textron, Inc., a Rhode Island corporation with its principal offices
in New York City, operates approximately 14 plants located through-
out the New England States. This proceeding is concerned solely
with the plant in Franklin, New Hampshire, where the Employer is
engaged in stitching and trimming women's nightgowns. The Frank-
lin plant operates as a feeder plant to the Employer's Manchester,
New Hampshire, plant, receiving the fabrics and threads used in its
operations from the Manchester plant and reshipping the garments
which it processes to the Manchester plant, where they are made into
73 N. L. R. B., No. 40.
227
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
finished products. During the period from September 1946, the time
operations commenced at the Franklift plant, to February 24, 1947,
the Franklin plant received for processing fabrics worth more than
$5,000. The garments, after processing and shipment to the Man-
chester plant, are mingled with other garments of the Employer, a
substantial portion of which is shipped to points outside the State of
New Hampshire.
The Employer admits.and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner, International Ladies' Garment Workers' Union,
herein called the AFL, is a labor organization affiliated with the
American Federation of Labor, claiming to represent employees of
the Employer.
The Petitioner, Amalgamated Clothing Workers of America, herein
called the CIO, is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the AFL or the CIO as the
exclusive bargaining representative of employees of the Employer
until one of these unions has been certified by the Board in an appro-
priate 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
We find, substantially in accordance with the agreement of the par-
ties, that all production and maintenance employees of the Employer's
Franklin, New Hampshire, plant, including instructors 1 and the first-
shift watchman,2 but excluding office and clerical employees, second-
and third-shift watchmen, executives, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
1 Instructors do not possess supervisory authority within the meaning of the Board's
customaiy definition
2 The parties agree to include the first, or day-shift watchman in the unit, inasmuch as
this employee's working time is chiefly devoted to the performance of plant janitorial work,
whereas the watchmen on the second and third shifts perform plant-protection work
exclusively.
TEXTRON, IN C. 229
DIRECTION, OF ELECTION 3
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Textron, Inc., Franklin, New
Hampshire, 'n 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
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 Amal-
gamated Clothing Workers of America, C. I. O., 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.
8 Any participant in the election herein may, upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.