The Falls Co.

National Labor Relations Board - Board Decisions

Sep 25, 1945

63 N.L.R.B. 1163 (N.L.R.B. 1945)

In the Matter of THE FALLS COMPANY and TEXTILE WORKERS UNION;_
OF AMERICA, C. I. 0.
Case No. 1-R-2516.Decided September 25, 1945
Mr. E. M. Taft, of Norwich, Conn., for the Company.
Mr. Daniel J. Gallagher, of Norwich, Conn., for the C. I. 0.
Mr. Charles Suisman, of New London, Conn., for the A. F. of L.
Mr. John E. Lawler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,.
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Falls Company, Norwich, Connecticut, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Leo J. Halloran, Trial Ex-
aminer. Said hearing was held at Norwich, Connecticut, on June
29, 1945. At the commencement of the hearing, the Trial Examiner
granted a motion of United Textile Workers of America, A. F. of L.,
herein called the A. F. of L., to intervene. The Company, the C. I. 0.,.
and the A. F. of L. appeared at and participated in the hearing, and
all parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Falls Company is a Connecticut corporation, having its only
office and place of business in Norwich, Connecticut, where it is pres-
63 N. L. R. B., No. 178.
1163
1164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ently engaged in the manufacture of Army shelter tents. In peace-
time the Company is engaged in the manufacture of cotton textiles.
During 1944 the Company purchased raw materials, consisting chiefly
of cotton and dye stuffs, valued in excess of $250,000, 95 percent of
which was shipped to it from points outside the State of Connecticut.
During the same period the Company manufactured products valued
.at about $840,000, all of which was shipped to points outside the State.
The Company'admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, and United Textile Workers of America,
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the C. I. O. as the exclusive col-
lective bargaining representative of the employees involved herein
until such time as it has been certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the C. I. O. represents a substantial
number of employees in the unit hereinafter found to be appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company, the C. I. 0., and the A. F. of L. are agreed that all
-production and maintenance employees of the Company, including
watchmen, the truck driver and his helpers, but excluding executives,
..office workers, overseers, 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.
The parties were unable to agree as to the disposition of two second
hands and one clerk. The C. I. O. requests that these employees be
excluded from the unit on the grounds that the second hands perform
supervisory functions and the remaining employee in dispute is en-
The Field Examiner reported that the C . I. 0 presented 90, and the A. F. of L. 41
-membership applications bearing the names of persons who appear on the Company's pay
roll of June 2, 1945. There are approximately 164 employees in the appropriate unit.
THE FALLS COMPANY 1165
gaged in clerical work. The A. F. of L. urges their inclusion in the
unit, while-the Company takes no position.
There' are two second hands employed by the Company, one in the
card room and one in the spinning room. The record clearly indi-
cates that the former is non-supervisory. He works under the direct
supervision of an overseer and does no more than pass on instructions
to the employees in the card room. He spends much of his time in
production work and has no power to hire or discharge employees, or
recommend any action which would affect their status. Nor does he
make decisions relative to their work. His position is similar to that
of a working group leader. The second hand in the spinning room
on the other hand, is clearly supervisory. He has secondary super-
vision over the employees, his recommendations for hiring or dis-
ciplining employees have been and are accepted by the overseer, he
makes work decisions concerning the work in the spinning room, and
settles grievances. We shall, therefore, include the card room second
hand in the unit and exclude the spinning room second hand.
Blanche Gagne is listed as an office clerk on the office pay roll,
together with two other office employees whom the parties agree to
exclude. Although she spends part of her time in the mill, she is
wholly engaged in clerical work and does not perform any produc-
tion function. Her hours are the same as the other two office em-
ployees and less than those of the production workers. Like the other
office employees, and unlike the production workers, she works on a
salary basis, is entitled to pay when absent because of illness, and
receives a 2-week vacation period. We shall, therefore, exclude her
as an office worker.
We find that all production and maintenance employees of the
Company, including watchmen, truck driver and helpers, and the
second hand in the card room, but excluding executives, office workers,
overseers, the second hand in the spinning room, and all other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, * 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. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of 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.
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with The Falls
Company, Norwich, 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
Article III, Sections 10 and 11, of said Rules and Regulations, 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
any 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 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.