Weil Bros. Textiles, Inc.

National Labor Relations Board - Board Decisions

Feb 26, 1946

65 N.L.R.B. 1431 (N.L.R.B. 1946)

In the Matter Of WEIL BROS . TEXTILES , INC. and UNITED TEXTILE
WORKERS or AMERICA, A. F. OF L.
Case No. 3-RD751.-Decided F62-uary 26, 1946
Mr. S. S. Meyers, of New York City, for the Company.
Mr. Abraham Pincus, of Cohoes, N. Y., and Mr. Elmer Unger, of
Paterson, N. J., for the United.
Mr. Alfred Blakley, of Cohoes, N. Y., for the Textile Workers.
Mr. Angelo J. Fiumara, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Textile Workers of America,
A. F. of L., herein called the United, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Weil Bros. Textiles, Inc., Newburgh, New York, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Jack Davis, Trial Examiner.
The hearing was held at Newburgh, New York, on October 5, 1945.
The Company, the United, and Textile Workers Union of America,
CIO, herein called the Textile Workers, 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
Weil Bros. Textiles, Inc., a New York corporation with its principal
office and only plant located in Newburgh, New York, is engaged in
1 Weft Weavers Local # 1, an unaffiliated union, herein called the Weft Weavers, and
Rug Weavers and Affiliated Trades Union, also unaffiliated , herein called the Rug Weavers,
although served with notice, did not appear.
65 N. L. R. B, No. 237.
1431
1432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture of rugs. During the year 1944, the Company used
raw materials valued in excess of $500,000, consisting principally of
cotton, hair, jute, and wool reprocessed fibres, cotton yarns, cotton
braid, and paper yarns. During the same period it produced finished
products valued in excess of $1,000,000, of which approximately 90
percent represented shipments to points outside the State of New
York.
The Company concedes, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Textile Workers of America, affiliated with the American
Federation of Labor, is a labor organization, admitting to membership
employees of the Company.
Textile Workers Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The United and the Textile Workers each requested recognition from
the Company as the exclusive bargaining representative of certain of
the Company's employees. The Company, however, has refused to
recognize either union because of the conflicting claims, and because of
its contracts severally executed with the Weft Weavers, and the Rug
Weavers.
On April 27, 1944, and on May 14, 1945, the Company entered into
separate collective bargaining agreements with the Weft Weavers and
the Rug Weavers, respectively, recognizing each as the bargaining
representative of certain groups of its employees.2 The term of the
Weft Weavers' contract, as subsequently amended, extends to March 1,
1946, and that of the Rug Weavers' contract, to May 14, 1946, unless
sooner terminated by certain conditions therein contained. The rec-
ord discloses, however, that on May 10, 1945, the Rug Weavers, by vote
of its membership, adopted a resolution dissolving itself and affiliating
its members with the United, an&that on August 21, 1945, a similar
course of action in favor of the Textile Workers was taken by the
members of the Weft Weavers. As stated above, neither the Rug
2 The Weft Weavers is recognized therein as the bargaining representative of employees
in the Company's picker house, carding, and spinning departments, including warpers
(except narrow rug warpers No. 2), winders (except chenille fur winders), twisters,
slubbers,.and certain others performing special loom weaving functions. The Rug Weavers
is recognized in its contract as the representative of employees in the Company's shipping,
finishing, and braiding departments, including narrow' rug warpers No. 2, and others
engaged in loom weaving.
WEIL BROS. TEXTILES, INC. 1433
Weavers nor the Weft Weavers, although served with notice, appeared
at the hearing in the instant proceeding. None of the parties urged at
the hearing that the contracts are a bar to this proceeding.
As a general rule, the Board will not proceed with an investigation as
to representation where there exists a valid contract, having a reason-
able period to run, with an active labor organization. In the instant
case, the Weft Weavers' contract will expire in about a month, while the
Rug Weavers' contract still has a reasonable period to run. However,
it is clear that the Rug Weavers, like the Weft Weavers, has been
repudiated by its members and no longer represents them. Accord-
ingly, under all the circumstances, we find that the contracts do not
constitute a bar to this proceeding.3
A statement of a Board agent, introduced into evidence at the
hearing, 'indicates that the United and the Textile Workers each
represents a substantial number of employees in the unit hereinafter
found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean-
ing 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 pro-
duction, maintenance, and shipping employees of the Company at
its Newburgh, New York, plant, exclusive of office and clerical em-
ployees, and all supervisory employees with authority to, hire, pro'
mote , 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 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.
Bl¢
See Matter of The Palmer Match Company, 49 N. L. R. B. 767 ; and Matter of The
ck-Clawson Company, 63 N. L. R. B. 773.
The Field Examiner reported that the United submitted 92 authorization cards, and
that, of these cards, 61 bore names of persons listed on the Company 's pay roll of July
13, 1945, which contained the names of 148 employees in the appropriate unit.
The Field Examiner further reported that the Textile Workers submitted 20, authoriza-
tion cards , and that, of these cards , 16 bore the names of persons listed on the aforesaid
pay roll. ,
1434 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Weil Bros. Tex-
tiles, Inc., Newburgh, 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 Second 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 preced-
ing the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vaca-
tion 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 United Textile Workers of America, A. F. of L., or
by ' Textile Workers Union of America, CIO, for the purposes of
collective bargaining, or by neither.