American Woolen Co.

National Labor Relations Board - Board Decisions

Apr 22, 1940

23 N.L.R.B. 63 (N.L.R.B. 1940)

In the Matter of AMERICAN WOOLEN COMPANY , SHAWSHEEN MILLS and
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL UNION No.
93, (A. F. of L. )'
Case No. R-1774.-Decided April, 22, 1940
Woolen Textile Industry-Investigation of Representatives : controversy con-
cerning representation of employees : employer refuses to grant recognition to
labor organization until appropriate bargaining unit is determined by Board-
Unit Appropriate for Collective Bargaining: to be determined by desires of em-
ployees in powerhouse of woolen textile mill ; chief engineer excluded from
employees eligible to vote-Election Ordered
Mr. Edward Schneider, for the Board.
Mr. Robert H. Montgomery, of Boston, Mass., for the Company.
Mr. William F. Regan and Mr. John J. McGuiness, both of Pea-
body, Mass., for the Operating Engineers.
Mr. Louis J. Guilmet, of Lawrence, Mass., for the T. W. U. A.
Mr. David Rein, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 25, 1940, International Union of Operating Engineers,
Local Union No. 93 (A. F. of L.), herein called the Operating Engi-
neers, 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, herein called the Company, at its Shawsheen Mills,
at Andover, Massachusetts, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. An amended
petition was filed by the Operating Engineers on February 20, 1940,'
and on February 28,1940, 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
1 The amendment corrected the name of the Operating Engineers to appear as in the
caption above.
23 N. L. R. B., No. 5.
63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Regulations-Series 2, as amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On March 9, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Operating
Engineers, and the Textile Workers Union of America, herein called
the T. W. U. A. Pursuant to the notice, a hearing was held on March
18 and 19, 1940, at Andover, Massachusetts, and on March 21 and 22,
1940, at Boston, Massachusetts, before Edward Grandison Smith, the
Trial Examiner duly designated by the Board. The Board, the
Company, and the Operating Engineers were represented by counsel,
and the T. W. U. A. by a union official. All participated in the hear-
ing and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the hearing, the Trial Examiner granted, without objec-
tion, a motion of the Operating Engineers to amend its petition in
order to define more clearly its claim concerning the appropriate unit.
This ruling is hereby affirmed. During the course of the hearing the
Trial Examiner made several other rulings on motions and objections
to the admission of evidence. The Board has 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
1. THE BUSINESS OF THE COMPANY
American Woolen Company, a Massachusetts corporation with its
principal executive offices in New York City, is engaged in the manu-
facture and sale of woolen fabrics, worsted fabrics, blankets, knitting
yarns, and worsted yarns. The Company owns and operates 25 mills
located in the States of Rhode Island, Massachusetts, Connecticut,
Maine, New Hampshire, Vermont, New York, and Kentucky; and
maintains sales offices in various cities of the United States, including
New York City ; Boston, Massachusetts ; Chicago, Illinois ; and Phila-
delphia, Pennsylvania. The average annual sales of the Company
exceed $50,000,000.
The present proceeding involves only the Shawsheen Mills of the
Company located at Andover, Massachusetts. The Company manu-
factures worsted fabrics at this mill, using as raw materials wool and
other fabrics. Almost 100 per cent of the raw materials are shipped
to the Shawsheen Mills from outside the State of Massachusetts, and
at least 90 per cent of the finished products of the Shawsheen Mills
are shipped to points outside the State of Massachusetts. The annual
AMERICAN WOOLEN COMPANY 65
value of products manufactured at the Shawsheen Mills is over
$1,000,000.
As of the date of the hearing the Company employed 2,239 em-
ployees at its Shawsheen Mills.
IT. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, Local Union No. 93
(A. F. of L.) is a labor organization affiliated with the International
Union of Operating Engineers, which is in turn affiliated with the
American Federation of Labor. It admits to membership employees
of the Company employed in the powerhouse at its Shawsheen Mills.
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of, the Company at its Shawsheen Mills.
III. THE QUESTION CONCERNING REPRESENTATION
On January 18, 1940, the Operating Engineers sent a letter to the
Company, requesting recognition as bargaining representative for the
employees in the powerhouse at the Shawsheen Mills. The Company
replied by letter dated January 23, 1940, that it could not recognize
the Operating Engineers as bargaining agent until the question of
the proper collective bargaining unit was determined by the Board.
We find that a question has arisen concerning the representation
of employees of the Company at its Shawsheen Mills.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial.
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce-
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Operating Engineers claims that the powerhouse employees,
excluding the chief engineer, constitute an appropriate unit. The
T. W. U. A. contends, or'r the other hand, that the powerhouse em-
ployees should not be established as a separate bargaining unit, but
should be grouped together with other employees for the purposes of
collective bargaining.
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The powerhouse is located about 200 yards from the Shawsheen
production mills and furnishes these mills with light, heat, power, and
water for production purposes. The powerhouse also services other
buildings in the area which are owned and operated by the Company
but not administered as part of the Shawsheen Mills. In addition,
the powerhouse services about six other buildings not operated by the
Company. The powerhouse employs approximately 25 persons, of
whom the majority are licensed firemen or engineers, some are elec-
tricians, and a small group are unskilled workmen. In November
and December 1939, the powerhouse employees, bargaining as a sepa-
rate group, succeeded in obtaining a wage adjustment for most of the
employees in the powerhouse.
The record shows that consent elections have been conducted by
the Board at nine other plants of the Company. In each of these
elections, the unit for the determination of the eligibility of em-
ployees to vote in the election was agreed to by the Company and the
T. W. U. A.2 and included all production and maintenance employees,
including the employees in the powerhouses of the respective plants.
The elections at six of these plants were won by the T. W. U. A.,
and thereafter at each of these six plants, the Company entered into a
-contract with the T. W. U. A. as the exclusive bargaining represent-
ative for all the production and maintenance employees, including
the employees in the powerhouse. Witnesses for the T. W. U. A.
testified at the hearing that several hundred employees of the Com-
pany at its Shawsheen Mills had joined the T. W. U. A. or signed
cards designating it as their bargaining agent. The T. W. U. A.
has not, however, requested recognition as bargaining representative
for employees of the Shawsheen Mills, nor does it claim to represent
any employees in the powerhouse.
Since it appears from the evidence that the,,powerhouse employees
could function either as a separate unit or as part of a single industrial
unit, we hold that the determining factor is the desire of the employees
themselves.3
In Section VI below, we find that an election should be held among
the powerhouse employees, excluding the chief engineer, to determine
whether or not they wish to be represented by the Operating Engi-
neers. If a majority of these employees cast their votes for the
Operating Engineers, we shall hold that the powerhouse employees
constitute a separate unit and we shall certify the Operating Engi-
neers as the exclusive representative of the powerhouse employees.
If a majority of these employees cast their votes against the Operat-
^ At the time, the T. W. U. A . was known as Textile Workers Organizing Committee.
s Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local
No. 3, 3 N L. R . B. 294, and subsequent cases.
AMERICAN WOOLEN COMPANY 67
ing Engineers, we shall dismiss the petition of the Operating Engi-
neers for certification as the representative of a unit comprising the
powerhouse employees.
VI. THE DETERMINATION OF REPRESENTATIVES
The Operating Engineers claims a majority of the powerhouse em-
ployees and at the hearing a statement was filed by the Regional
Director to the effect that the Operating Engineers had presented
cards signed by 12 of the powerhouse employees and designating the
Engineers as collective bargaining representative. Under the cir-
cumstances, we find that an election by secret ballot is necessary to
resolve the question concerning representation of the powerhouse
employees. Since the T. W. U. A. stated that it did not desire to
be placed upon the ballot in an election among powerhouse employees
alone, the name of the T. W. U. A. will not appear upon the ballot.
We shall use as the date for determining eligibility of employees to
vote the pay-roll date immediately preceding the date of this Direc-
tion of Election.
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
A question affecting commerce has arisen concerning the represen-
tation of employees of American Woolen Company at its Shawsheen
Mills within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with American Woolen Company at its Shawsheen Mills in Andover,
Massachusetts, an election by secret ballot shall be conducted as early
as possible but not later than 30 days from the date of this Direction
of Election 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, Section
9, of said Rules and Regulations, among the employees of the Com-
pany employed in the powerhouse at its Shawsheen Mills whose names
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appear upon the pay roll next preceding the date of this Direction of
Election, including the employees whose names do not appear upon
such pay roll because they were ill or on vacation or temporarily
laid off, but excluding the chief engineer, and also all employees who
between such pay-roll date and the date of the election have quit or
been discharged for cause, to determine whether or not they desire
to be represented by International Union of Operating Engineers,,
Local Union No. 93 (A. F. of L.) for the purposes of collective
bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
May 22, 1940
On April 22, 1940, the National Labor Relations Board, hereilL
called the Board, issued a Decision and Direction of Election, int
the above-entitled case.' On May 2, 1940, pursuant to the Direction
of Election, an election by secret ballot was conducted under the.
direction and supervision of the Regional Director for the First
Region (Boston, Massachusetts) among the employees in the power-
house of the American Woolen Company at its Shawsheen Mills.
On May 4, 1940, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Reg-
ulations-Series 2, as amended, issued and duly served upon the
parties an Election Report. No objections to the conduct of the.
ballot or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote_______________________________ 23
Total number of valid votes cast____________________________ 23
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 0•
Total number of challenged ballots__________________________ 0
Total number of ballots cast for International Union, of Oper-
ating Engineers, Local Union No 93 (A. F of L.) ---------- 8
Total number of ballots cast against International Union of
Operating Engineers, Local Union No. 93 (A. F. of L ) ------ 15
1 On April 23, 1940, the Board issued an order incorporating into the record certain,
verbal corrections in the transcript of the hearing , none of which are material with respect
to the issues covered either in our Decision and Direction of Election of April 22 , 1940, or
this Supplemental Decision and Order.
AMERICAN WOOLEN COMPANY 69
The results of the election show that no collective bargaining rep-
resentative has been selected by a majority of the employees in the
powerhouse of the American Woolen Company at its Shawsheen
Mills. The petition for investigation and certification of repre-
sentatives of these employees will therefore be dismissed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifi-
cation of representatives of the employees employed in the power-
house of American Woolen Company at its Shawsheen Mills, filed
by International, Union of Operating Engineers, Local Union No.
93 (A. F. of L.), be, and it hereby is, dismissed.
23 N. L. R. B., No. 5a.
283034-41-vol. 23-0