Volney Felt Mills, Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1945

63 N.L.R.B. 423 (N.L.R.B. 1945)

In the Matter Of VOLNEY FELT MILLS, INC. and PAPER WORKERS
ORGANIZING COMMITTEE, C. I. 0.
Case No. 3-R-1000.-Decided August 00, 1945
Mr. C. E. Dorr, of Syracuse, N. Y., for the Company.
Mr. Frank Grasso, of Cleveland, Ohio, and Mr. Fred Sanders, of
Fulton, N. Y., for the C. I. 0.
Mr. H. I. Smith, of Buffalo, N. Y., and Mr. Stephen Gallagher, of
Oswego, N. Y., for the A. F. L.
Mr. Bruce C. Heath, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Paper Workers Organizing Com-
mittee, C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of
employees of Volney Felt Mills, Inc., Fulton, New-York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Eugene von Wellsheim,
Trial Examiner. Said hearing was held at Fulton, New York, on June
6, 1945. The Company, the C: I. 0., and International Association of
Machinists, A. F. L., herein referred to as the A. F. L.,1 appeared
and participated. 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Volney Felt Mills, Inc., is a Delaware corporation authorized to
do business in the State of New York. In its operations the Company
At the hearing International Association of Machinists , A. F. L, moved to intervene.
Said motion was allowed by the Trial Examiner.
63 N. L. R B, No. 63.
423
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufactures felt and asphalt roofing paper at its plant at Fulton,
New York. During the period from June 1, 1944, to June 1, 1945,
the Company used raw materials valued in excess of $600,000, of which
40 percent was shipped to the Company from points outside the State
of New York. During the same period the Company manufactured
finished products valued in excess ,of $1,000 ,000, of which 80 percent
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
Paper Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
International Association of 'Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of certain of its employees until
the C. I. O. has been certified by the Board in an appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the C. I. O. and the A. F. L. each represents
a substantial number of employees in the unit hereinafter found
appropriate.2
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 the parties, that all produc-
tion and maintenance employees of the Company,'including watchmen,
working foremen in the rag department, working foremen in the
beater room, and machine tenders in the machine room, but excluding
the boiler engineer, 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, con-
2 ThE Field Examiner reported that the C. I. O. submitted 65 authorization cards. The
cards were dated 5 in April , 55 in May 1945 , and 5 were undated Because of the refusal
of the Company the Field Examiner was unable to make a check against the Company's
pay roll There are approximately 100 employees in the alleged appropriate unit.
The AFL submittted 20 authorization cards which were dated May 1945.
VOLNEY FELT MILLS, INC. 425
stitute 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 an election by secret ballot among the em-
ployees 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 Direc-
tion.
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 representa-
tives for the purposes of collective bargaining with Volney Felt Mills,
Inc., Fulton, New York, 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 Third 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 Paper Workers Organizing Com-
mittee affiliated with the Congress of Industrial Organizations, or by
International Association of Machinists, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.