Vermont Spool & Bobbin Co., Inc.

National Labor Relations Board - Board Decisions

Dec 8, 1943

53 N.L.R.B. 1231 (N.L.R.B. 1943)

In the Matter Of VERMONT SPOOL & BOBBIN COMPANY, INC. and TEXTILE
WORKERS UNION OF AMERICA, C. I. O.
Case No.1-R-1660.Decided December 8,1943
Mr. Edmund Blake, of Boston, Mass., for the Company.
Messrs. Michael Schoonjans and Harold Daoust, of Winooski, Vt.,
for the Union.
Mr. Louis Cokin, 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 Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Vermont Spool & Bobbin Company, Inc., Burlington, Vermont, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Samuel G. Zack, Trial
Examiner. Said hearing was held at Burlington, Vermont, on Novem-
ber 19, 1943. The Company and the Union appeared, participated,
and 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
Vermont Spool & Bobbin Company,'Inc., operates a plant at-Bur-
lington, Vermont, where it is engaged in the manufacture of spools,
bobbins, and allied products. The Company uses substantial quantities
of raw materials annually, over 50 percent of which is shipped to it
from points outside the State of Vermont. The Company produces
53 N. L. R. B., No. 224.
1231
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
substantial quantities of products annually, most of which is shipped
to points outside the State of Vermont. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union 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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, in-
cluding watchmen,2 but excluding clerical employees, executives, and
all 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. 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.
. I The Regional Director reported that the Union presented 61 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
for the period ending October 1943, which contains 93 names in the appropriate unit.
2 The watchmen are not militarized.
VERMONT, SPOOL & BOBBIN COMPANY, INC. 1233
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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with Vermont Spool &
Bobbin Company, Inc., Burlington, Vermont, 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 sub-
ject 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 or not they desire to be represented by Textile
Workers Union of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.