American Woolen Co.

National Labor Relations Board - Board Decisions

Feb 8, 1938

5 N.L.R.B. 144 (N.L.R.B. 1938)

In the Matter of AMERICAN WOOLEN COMPANY, NATL. AND PROVIDENCE
MILLS and INDEPENDENT TEXTILE UNION OF OLNEYVILLE
Case No. R-400.-Decided February 8, 1938
Textile Industry-Investigation of Representatives : controversy concerning
representation of employees : rival organizations ; controversy as to appropriate
bargaining unit-Unit Appropriate for Collective Bargaining : production and
maintenance employees in three mills operated by employer ; similarity of wage
.Scales ; functional coherence ; organization of business ; community of interest-
Order: dismissing Petition for Investigation and Certification of representative
of employees in one plant only.
Mr. Edward Schneider, for the Board.
Mr. Robert H. Montgomery, of Boston, Mass ., for the Company.
Mr. William J. Carlos, of Providence, R. I., for the Independent.
Mr. Joseph Sylvia, of Providence , R. I., and Mr. Frank J. Manning,
of Boston, Mass., for the T. W. O. C.
Mr. Victor A. Pascal, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On October 7, 1937, Independent Textile Union of Olneyville,
-herein called the Independent, filed with the Regional Director for the
First Region (Boston, Massachusetts) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of American Woolen Company.' Providence, Rhode
Island, herein called the Company, at its National and Providence
Worsted Mills, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On November 1, 1937,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
'In the order directing investigation and hearing, the Company is referred to as
"American Woolen Company, Nat'l & Providence Mills" The correct name of the Com-
-pany is "American Woolen Company."
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DECISIONS AND ORDERS 145
Director to conduct" it and to provide for an appropriate hearing
upon due notice.
On November 9,-1937, the Regional Director issued a,notice of
hearing, copies of which were duly served upon the Company, upon
the Independent, and upon Local 54, Textile Workers Organizing
Committee, herein called T. W. O. C., a labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to the notice, a hearing was held on November 18, 1937, at
Providence, Rhode Island, before George Bokat, the Trial Examiner
duly designated by the Board. The Board, the Company, and the
Independent were represented by counsel, the T. W. O. C. was rep-
resented by its representatives, and all participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made,
several rulings on motions and on objections to the admission of evi-
dence. The Board bas-reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The American Woolen Company is a Massachusetts corporation,
having its principal executive and sales offices in New York City.
It owns and operates 27 mills located in eight different States, in-
cluding three mills in the State of Rhode Island. These three mills
are -known as the National and Providence Worsted Mills, herein
called the National Mill, the Manton Mill, and the Weybosset Mill.
The National Mill is engaged in the manufacture of worsted fabrics.
It is a weaving mill and performs no spinning or other preliminary
process. The principal raw material used by the mill is yarn, the
value of which exceeds $1,000,000 a year, all of which is shipped to it
from outside Rhode Island. The approximate amount of the total
sales of the products of the mill during 1936 and the first six months
of 1937 was $2,100,000 and $1,350,000, respectively. All the finished
product was shipped to points outside of Rhode Island. Between
September 4, 1937 and November 13, 1937, the total number of in-
dividuals engaged in production and maintenance work in the mill
varied from 388 to 539.
The Manton Mill is also engaged in the manufacture of worsted
fabrics. Its raw materials, methods of manufacture, and finished
products, except for the patterns of its products, are similar to
those of the National Mill. Substantially all the raw material used
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NATIONAL LABOR RELATIONS, BOARD
at the mill, the value of which exceeds $800,000 a year, is shipped
to it from outside of Rhode Island. The principal raw material so
used is yarn. The approximate amount of the total sales of the
products of this mill during 1936 and the first nine months of 1937
was $1,200,000 and $1,100,000, respectively. All its finished product
was shipped to points outside of Rhode Island. .During its rela-
tively busy periods, the mill employs between 350 and 400 workers.
The Weybosset Mill is engaged in the manufacture of woolen
fabrics. Like the National and Manton Mills, this mill engages in
weaving, but, unlike them, also performs preliminary processing and,
spinning. Substantially all the raw material used at the mill, the
value of which exceeds $700,000 a year, is shipped to it from outside
of Rhode Island. The principal raw materials so used are wool,
reworked wool, silk, and cotton. The approximate amount of the
total sales of the products of this mill during 1936 and the first
nine months of 1937 were $1,800,000 and $1,700,000, respectively.
This was all shipped to points outside of Rhode Island. The mill
normally employs between 700 and 800 workers.
II. THE ORGANIZATIONS INVOLVED
Independent Textile Union of Olneyville is an independent labor
organization, admitting to its membership all production and main-
tenance workers in the National Mill, including mill clerks, and
excluding overseers and second hands.
.
Local 54, Textile Workers Organizing Committee, is a labor or-
ganization affiliated with the Committee for Industrial Organization.
It admits to its membership all production and maintenance workers
in the National, Manton, and Weybosset Mills, and excludes mill
clerks and those employees engaged in supervisory work.
III. THE APPROPRIATE UNIT
The Independent claims that the production and maintenance
employees in the National Mill, excluding clerical and supervisory
employees, constitute an appropriate unit for the purposes of collec-
tive bargaining. T. W. O. C. claims that the appropriate unit
should be composed of the production and maintenance employees in
all three mills, excluding clerical and supervisory employees. It
has included within its membership production and maintenance em-
ployees in all three mills. The Company was willing to stipulate
that the appropriate unit should be composed of the employees in
the three mills.
All the three mills are located in the Olneyville section of Provi-
dence and within a radius of three or four miles, the distance between
the National `and Weybosset Mills being less than one mile. Most of
DECISIONS AND ORDERS 147
the employees in all three mills reside comparatively near to each
other. The operations carried on at the National and Manton Mills
and in the weaving division of the Weybosset Mill are substantially
alike. Although the three mills have separate resident managers,
the labor policies in the three mills are determined at the executive
offices of the Company in New York City, with the result that work-
ing conditions and wages at the three mills are similar. We feel that
the interests of the employees in the three mills are closely related and
that the employees in the three mills should be included within the
bargaining unit. We are of the opinion on the basis of the record in
this case that a unit composed solely of employees in the National
Mill is not appropriate for the purposes of collective bargaining.
IV. THE QUESTION CONCERNING REPRESENTATION
The petition in this case, as pointed out in Section III above, relates
solely to the employees of the Company at the National Mill. We
have found in Section III that a unit composed solely of employees
in the National Mill is not appropriate for the purposes of collective
bargaining. We find, therefore, that no question has arisen concern-
ing representation of employees of the Company at its National Mill.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of employees of Ameri-
can Woolen Company, Providence , Rhode Island, at its National and
Providence Worsted Mills, exists within the meaning of Section 9 (c)
of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law the National Labor Relations Board hereby dismisses the Petition
for Investigation and Certification filed by Independent Textile Union
of Olneyville.
[SAME TITLE]
AMENDMENT TO DECISION
March 3, 1938
On February 8, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Order, in the above-entitled
proceeding, dismissing the Petition for Investigation and Certifica-
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NATIONAL LABOR RELATIONS BOARD
tion filed by Independent Textile Union of Olneyville. In accord-
ance with the record in the proceeding, the Board stated in the De-
cision, "The Company was willing to stipulate that the appropriate
unit should be composed of the employees in the three mills." Coun-
sel for the Company informed the Board by letter that the Company
at all times desired to maintain an impartial attitude and that, at
the hearing, the Company did not express any opinion as to the
appropriate unit. Other parties participating in the hearing have
indicated that they understood that the Company desired to main-
tain an impartial position.
The Board hereby amends its Decision by striking therefrom the
words quoted above and substituting therefor the following : "The
Company desires to be impartial in the matter."
Except as hereby amended, the Decision remains in full force and
effect.