American Woolen Co.

National Labor Relations Board - Board Decisions

Jul 25, 1944

57 N.L.R.B. 647 (N.L.R.B. 1944)

I[l the Matter of AMERICAN WOOLEN COMPANY (WEBSTER MILLS) and
UNITED TExTiLE WORKERS OF AMERICA (AFL)
Case No. 1-R-1797:Decided July 35,'1944
Messrs. Spencer, B. Montyomnery and Clare V. Stanton,, both of
Boston, Mass., for. the Company.
Messrs. William F. Bowen and Harold Williams, both of Lawrence,
Mass., for the A. F. L. .
Mr. Isadore Katz, of New York City, for the C. 1. 0.
"Mr:-David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
i
Upon a petition duly filed by United Textile Workers of America
(AFL), herein called the A. F. L.,1 alleging that a question affecting-
commerce had arisen concerning the representation' of employees
of American Woolen Company (Webster Mills), Webster, Massachu-
setts, herein called the,Company, the National Labor Relations Board-
provided for an appropriate hearing upon due notice before Leo J.
Halloran, Trial Examiner. Said hearing was held at Boston, Massa-
chusetts, on April 6, 1944. The Company, the A. F. L., and Textile
Workers Union of America, affiliated with the CIO, herein called the
C. I. 0., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross- examine witnesses , and to intro-
duce evidence bearing on the issues. Toward the close of the hearing
the C. I. O. moved for dismissal of the petition. The Trial Examiner
referred this motion to the'Board. For reason's hereinafter set forth,
the motion is denied. The Trial Examiner's rulings made at, the
hearing are free from prejudicial error and are hereby affirmed. On
1 The name of the A. F L. appears on its petition and in the formal papers of this pro-
ceeding as "Federation of woolen and worsted workers of America, affiliated with United
Textile Workers of America (AFL)." Pursuant to a joint 'motion filed subsequent to
the hearing by Federation of woolen workers of America. and by United Textile Workers
of America, the name of the A. F. L has been amended to appear in the caption and body
of this decision simply as "United Textile Workers of America (AFL)."
57 N. L.R.B,No.107. - -
647 1.
`648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
May 1, 1944, the parties to this proceeding executed a stipulation which
is hereby made part of the record in this case. 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
L THE 13USINESS OF THE COMPANY
'American Woolen Company, ,a Massachusetts corporation with its
principal executive office located in New York City, is engaged in the
manufacture and sale of woolen fabrics, blankets, and yarn. The
Company owns and operates 25 mills located in 7 States of the United
States, and maintains offices in 7 States. We are concerned herein
with the operations of the Company at its Webster Mills, located
at Webster, Massachusetts. Substantially all of the raw materials
used at the Webster Mills are shipped thereto from points outside the
Commonwealth of Massachusetts, and substantially all of the finished
products of said Mills are shipped to points located outside the Com-
monwealth of Massachusetts. During the. year 1943, sales -of the
-Company exceeded $150,000,000 in value.
The Company admits that it is engaged in commerce within the
.meaning of the National Labor Relations Act. - , ' .
II. THE ORGANIZATIONS INVOLVED
United Textile Workers of America is a labor organization affiliated
.with the American Federation of Labor, admitting 'to membership
-employees of the Company.
Textile Workers Union of American is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees,of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On -or about February 2, 1944, the A. F. L. orally sought recogni-
tion from the Company as the exclusive bargaining representative
of its production and' maintenance employees at the Webster Mills.
The Company refused to grant such recognition on the ground that the`
request was a matter for the Board to pass upon. -
On February 22, 1943, the Company- and the C. I. O. executed a
'collective bargaining agreement which provided, inter alia, for a
1-year term commencing from the date of execution, and for yearly
renewals thereafter in the absence of notice of termination given by
one party to the other 60 days prior 'to any termination date., On
December 1, 1943, the C. I. O. addressed a letter to the Company
requesting a meeting for the purpose of discussing changes in the
AMERICAN WOOLEN COMPANY 649
existing contract. On December, 7, 1943, the Company 'replied that
it could not meet'with the C. I. O. until after the Christmas holidays.
On{January 19, 1944, representatives of the Company, and the C. I. O.
met,'and the C. I. O. presented its request for changes in the current
agreement; which the Company refused to grant. Thereafter, the
C. I. O. submitted the proposed modifications to the National War
Labor Board. The modifications proposed by the C. I. O. included
changes in the wage structure and, the maintenance-of-membership
clauses, a request for a second shift bonus, for group insurance, for
the establishment of a minimum wage of 65 cents per hour, and
for an enlargement of the vacation clause.
The C. I. O. contends that these proposed changes were merely
demands for modifications of an existing contract, that no notice of
termination of the contract was given, and that the contract was re-
newed prior to the presentation of the representation claim, of the
A. F. L. and therefore constitutes a bar to a current determination of
representatives. We do not agree. The proposed modifications- were
substantial. Upon refusal of the Company to accede to its demands
the C. I. O. caused the dispute to be certified to the National War
Labor Board for the express purpose of having that agency rewrite
the contract so as to include the proposed changes. Moreover, the
C. I. O. originally gave notice of its desire to alter the contract prior to-
the operative date of the automatic renewal clause. In these cir-
cumstances, we are of the opinion that the C. I. O.'s letter of December,
1, 1943, was a notice of termination of the existing contract and a re-
quest' for the execution of a new one. We conclude, consequently, that
the contract of February 22, 1943, does not preclude a present deter-
mination of representatives 2 ,
A statement of the Board Field Examiner, introduced into evidence
at the hearing, indicates that the A. F. L. represents a substantial
number of employees in the unit hereinafter found appropriate 3
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.
W. THE APPROPRIATE UNIT
Substantially in accordance with an agreement of the parties made
at the hearing, we find that all employees of the Company at its Web-
2 Matter of Chapman Valve Mfg. Co., 40 N. L. R. B."800.
3 The Field Examiner reported that the, A. F. L. submitted 180 application cards, of
which 160 contained the names of persons appearing on the Company's pay roll of Febru-
ary 13, 1944. The record discloses that there are approximately '792 employees in the
unit alleged to be appropriate. We find this showing to be substantial in view of the
maintenance-of-membership clause contained in the contract of February 22, 1943, between
the Company and the C I. 0. The C. I 0 relies upon this contract for the establishment
of its interest.
1650 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ster Mills, excluding ' plant-protection employees, office and clerical
employees, . watchmen, clerks , engaged exclusively in clerical work,
-executives , managers , submanagers , superintendents ,-assistant superin-
tendents , foremen, overseers , assistant foremen , assistant overseers, de-
partment heads, 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-
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
Direction.
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, as amended, it is hereby -
DIREC7ED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Woolen
Company (Webster Mills), Webster; Massachusetts, 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 Regula-
tions, 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 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 (AFL), or by Textile Workers
Union of America, affiliated with the CIO, for the purposes of collec-
tive `bargaining, or by neither.
N