The Baltic Mills Co.

National Labor Relations Board - Board Decisions

Mar 25, 1947

72 N.L.R.B. 1334 (N.L.R.B. 1947)

In the Matter of THE BALTIC MILLS COMPANY , EMPLOYER and TEXTILE
WORKERS UNION OF AMERICA, CIO, PETITIONER
Case No. 1-R-3507.Decided March 25, 1947
Mr. William A. Allan, of Baltic, Conn., for the Employer.
Mr. Daniel J. Gallagher, of Danielson, Conn., for the Petitioner.
Mr. Frank Sgambato, of Providence, R. I., for the Intervenor.
Mr. Lloyd S. Grcenidge, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was held
at Norwich, Connecticut, on February 25, 1947, before Sam G. Zack,
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
The Baltic Mills Company is engaged in the manufacture of cotton
fabrics at its plant in Baltic, Connecticut. During 1946, the Employer
purchased raw baled cotton valued at more than $750,000, all of which
was shipped to its plant from outside the State of Connecticut. Dur-
ing the same period, the Employer produced finished products valued
at more than $1,500,000, of which approximately 90 percent was
shipped out of the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. TILE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
72 N. L. P, B., No 240
1334
THE BALTIC MILLS COMPANY 1335
United Textile Workers of America, herein called the Intervenor,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer 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. TIIE APPROPRIATE UNIT
In accordance with an agreement of the parties, we find that all
production and maintenance employees of the Employer, including
shipping and receiving employees, but excluding executives, office
and clerical workers , supervisors ( second hands and up ), mule spin-
ning - department employees, watchmen, and all other 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.
DIRECTION OF ELECTION:'
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with The Baltic Mills Company,
Baltic, Connecticut, 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 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 Sec-
tion 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 and have not been rehired or.
reinstated prior to the date of the election, to determine whether they
1 Any participant in the election herein may , upon its prompt request to , and approval
thereof by, the Regional Duector, have its name removed from the ballot.
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
desire to be represented by Textile Workers Union of America,
C. I. 0., or by United Textile Workers of America, A. F. of L., 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.