Arkwright Corp.

National Labor Relations Board - Board Decisions

Nov 6, 1941

36 N.L.R.B. 687 (N.L.R.B. 1941)

In the Matter of ARKWRIGHT CORPORATION and TEXTILE WORKERS
UNION OF AMERICA (C. I. 0. )
Case No. R-09.81-Decided November.. 6, 194,1
Jurisdiction : textile manufacturing industry.
Investigation and Certification of Representatives : existence of question: par-
ties stipulated that Company refused to accord recognition to each of rival
unions until it is certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees. including bead fixer and watchmen, but excluding shipping and
receiving employees, executives. supervisors, clerical employees, boss shearers,
and head floorlady. held to constitute an appropriate unit; loom fixers and
loom changers; slasher tenders; and knot tiers held not to constitute separate
appropriate units where operations of plant were functionally coherent and
highly integrated; bargaining by the "crafts" had always been on an industrial
basis;'the sure of the ninits contended-for by-"crafts" and an-affiliated union
was co-extensive with plant-wide unit.
Gaston, Snow, Hwnt, Rice ct Boyd, by Mr. William J. Kelleher, of
Boston , Mass., for the Company.
Mr. Isadore' Katz, of New York City, for the T. W. U. A.
Mr. Terrance J. Lomaa;, Jr., of Fall River, Mass., for the Weavers,
the Loom Fixers, the Slasher Tenders, and the Knot-Tiers.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 1, 1941, Textile Workers Union of America, affiliated
with the C. I. O., herein called the T. W. U. A., filed an amended peti-
tion 1 with the Regional Director for the First Region (Boston, Massa-
chusetts) alleging that a question affecting commerce had arisen
concerning the representation of employees of Arkwright Corpora-
tion, Fall River, Massachusetts, herein called the Company, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
i The original petition was filed July 3, 1941.
36 N. L. R. B., No. 148.
687 .
688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein called the Act. On August 12, 1941., the National Labor Rela-
tions 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 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice. On August
27, 1941, the Board, acting pursuant to Article III, Section 10 (c) (2),
of said Rules and, Regulations, ordered that the case be consolidated
with those of Border City Mfg. Co. and Richard Borden Mfg. Co.2
On August 28, 1941, the Acting Regional Director issued a notice of
hearing, and on September 6,.1941, a notice postponing hearing, copies
of both of which were duly served upon the Company; the T. W. U. A.;
and upon Weavers Progressive Association Local No. 1, herein called
the Weavers; Loom Fixers Local No. 6, herein called the Loom Fixers;
Slasher Tenders Local No. 16, herein called the Slasher Tenders; and
Knot-Tiers, Drawing-In Machine Operators, and Warp Twisters
Local No. 52, herein called the Knot-Tiers, labor organizations claim-
ing to represent employees directly affected by the investigation, herein
collectively called the Locals.
On September 5, 1941, the Board, acting pursuant to Article III,
Section 10 (c) (4), of the. Rules and Regulations, ordered that the
proceeding herein be severed from those of Border City Mfg. Co., and
Richard Borden Mfg. Co.
Pursuant to notice, a hearing was held on September 8, 1941, at Fall
River, Massachusetts, before William S. Gordon, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the
T. W. U. A., the Weavers, the Loom Fixers, the Slasher Tenders, and
the Knot-Tiers were represented by counsel and 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 hearuig the Trial Examiner
made several rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rulings
are hereby affirmed. Following the closing of the hearing the parties
entered into a stipulation for the correction of the record. The stipu-
lation is hereby approved. It is ordered that the record be corrected
in accordance therewith. _ All the parties filed briefs, which the Board
has considered.
Upon the entire record in the case, the Board makes the following:
2 Matter of Border City Mfg. Co. and Textile Workers of Aoaerica (C. 1. 0.)
Matter of Richard Borden Mfg. Co . and Textile Workers Union of America (C. I. 0.),
36 N. L. R. B., No. 147.
ARKWRIGHT CORPORATION
FINDINGS. OF FACT
1. THE BUSINESS OF THE COMPANY
689
Arkwright Corporation is a Massachusetts corporation having an
office and mills and its principal place of business at Fall River, Massa-
chusetts. The Company is engaged in the manufacture and distribu-
tion of textile products. It operates three divisions at Fall River,
(1) a cotton mill, (2) a finishing plant, and (3) an open yarn stock
division. Only the cotton mill is involved here. At the cotton mill
the Company manufactures yarn and cotton cloth. The principal
raw materials used by the Company are cotton and rayon. The cotton
mill uses annually raw materials valued at approximately $850 ,000;
all of which are shipped from and through States other than Massa-
chusetts. The Company manufactures annually at the cotton mill fin-
ished products valued at approximately $2,000,000, of which about 98
per cent is shipped to and through States other than Massachusetts.
II. THE ORGANIZATIONS INVOLVED
Textile Workers Union of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company. '
Weavers Progressive Association Local No. 1, Loom Fixers Local
No. 6, Slasher Tenders Local No. 16, and Knot-Tiers, Drawing-in
Machine Operators; and Warp Twisters Local No. 52 are labor organi-
zations affiliated with the American Federation of Textile Operatives,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company has declined to recognize,
as exclusive bargaining representative, each of the unions involved
until it has been certified as such by the Board.
It was further stipulated that all the unions have a substantial
membership -in the units which.they respectively allege to be appro-
priate.-3
We find that a question has arisen concerning the representation
of employees of the 'Company.
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
..It was also stipulated that the secretaries of the Loom Fixers , the Slasher Tenders,
and the Knot -Tiers would testify, Ifcalled, that each of those locals has a 100 -per cent
membership in the unit for which it contends.
433118-42-vol. 30-45
690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 T. W. U. A. contends that all production and maintenance
employees of the cotton mill, excluding the shipping and receiving
employees, executives, supervisory employees,' and office and clerical
employees, constitute an appropriate unit. The Weavers contend
that a semi-industrial unit is appropriate, composed of the employees
of the cotton mill, excluding shipping and receiving employees, execu-
tives, supervisors, watchmen, office and clerical help, and also exclud-
ing certain groups alleged by the remainder of the Locals to consti-
tute separate appropriate units.' The Locals, other than the Weavers,
claim, respectively, that each of the following classes of employees
constitutes an appropriate unit: (1) the loom fixers and the loom
changers; (2) the slasher tenders, excluding helpers; and (3) the
knot-tiers and knot-tiers' helpers.
The record discloses that the operations of the Company are of the
same highly integrated character as those in the Border City and
Richard Borden cases, decided this days Likewise, as in those cases,
the Fall River Textile Council has conducted bargaining negotiations
on behalf of the Locals on all matters except grievances of members.
Changes resulting from this bargaining have been applied on a plant-
wide basis. -It is also significant that, in this proceeding, the Locals
together seek to represent in four units substantially all the employees
in. the plant, and that those units are co-extensive with the single bar-
gaining unit requested by the T. W. U. A. We therefore find that
the plantwide unit requested by the T. W. U. A. is appropriate for
the purposes of collective bargaining, and that the units requested by
the various Locals are not appropriate.
There is also dispute as to the inclusion or exclusion of certain em-
ployees : the head fixer, the boss shearers, the floorlady in the cloth
room, and the watchmen.
The Head Fixer. The head fixer is a utility maintenance man who
Works exclusively on the looms. He is always on the floor-of the weave
a The parties agreed that "supervisory" should be interpreted to include second hands
and employees superior to second hands. -
3 The unit described by the Weavers in the record is identical with the plant- wide unit
contended for by the T. W. U. A., except for the watchmen, whom the T. W. U. A. would
include. 1-lowever, other facts in the record clearly indicate that the weavers' unit
claim is that set out above.
6 Matter of Border City Mfg. Co. and Textile Workers Union of America (C. I. 0.)
Matter of Richard Borden Mfg. Co. and Textile Workers Union of America (C. I. 0.)
36 N. L. it. B., No. 147.
ARKWRIGHT CORPORATION 691
room and is called by the regular fixers whenever his help is needed.
In addition, he also fills in on looms when the regular fixer is absent.
His pay is the same as that of the regular fixers. The Loom Fixers
would include him within the unit; the T. W. U. A. would exclude
him as being a supervisor; the Weavers and .the Company take no
position. Since he does not appear to exercise any authority and has
no supervisory power, we shall include the head fixer within the
appropriate unit.
The Boss Shearers. The boss shearers, of whom there are four,
are employed in the cloth room. Each directs a group of shearers
who cut the finished cloth. The head supervisor in the cloth room
is the overseer, but when the overseer is absent the boss shearers are
.in charge. The Company considers them to be supervisors. The
Weavers would include the boss shearers within the appropriate unit;
the T. W. U. A. and the Company would exclude them as being super-
visory. We find that they should be excluded.
The Floorlady in the Cloth Room. The floorlady is in charge of
a group of women employed in the cloth room who inspect and repair
the finished cloth. The Weavers contend that she should be included
within the appropriate unit; the T. W. U. A. urges that she be ex-
cluded. The Company takes no position. Since her duties appear
to be supervisory in character she will. be excluded from the unit.
The Watchmen. The T. W. U. A. would include watchmen within
the appropriate unit; the Weavers and the Company would exclude
them. It was stipulated that a collective bargaining contract between
the Company and the Federation of Dyers, Finishers, Printers, and
Bleachers of America (C. I. 0.) for the near-by finishing plant 'in-
eludes watchmen within the bargaining unit. By stipulation between
the Weavers and the T. W. U. A., watchmen were included within the
appropriate unit at the neighboring Kerr Mills.' We shall include
them in the present case.
We find that all production and maintenance employees at the cotton
mill of the Company, including watchmen and the head fixer, but
excluding shipping and receiving employees, executives, supervisory
employees, office and clerical employees, boss shearers in the cloth room,
and the floorlady in the cloth room, constitute a unit appropriate for
the purposes of collective bargaining. We further find that said unit
will insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise will
'effectuate the policies of the Act.
4 See Matter of The American Thread Company, Kerr Mills and Weavers Progressive
Association (A. F. T. 0.), 34 N. L. R. B., No. 41.
692 DECISIONS OF NATIONAL'-. LABOR' 'RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
All parties agreed to the use of a current pay roll. In accordance
with the desires of the parties and our usual practice, we shall direct
that the employees of the Company eligible to vote in such election
shall be .those, in the appropriate unit employed during the pay-roll
period immediately preceding the date of this Direction of Election,
subject to such limitations and additions as are set forth in the Direction
hereinafter.
The Locals stated that they did not desire to appear on the ballot
in the event the plant-wide unit was found to be, appropriate. How-
ever, the history of organization indicates that the American Federa-
tion of Textile Operatives has an interest in the proceedings by reason
of the affiliation of the Locals." We shall. therefore direct that its
name be placed on the ballot, followed by that of the Locals in brackets.
If the Federation and/or any of the Locals desire to withdraw from
the ballot they may do so by filing with the Regional Director within
five (5).days..fr6m the date of the Direction of Election a declaration
of intention not to participate in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case the Board makes the following :
CONCLUSIONS . OF LAW.
' 1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Arkwright Corporation, Fall River, Massa-
chusetts, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All production and maintenance employees at the cotton mill of
the Company, including watchmen and the head fixer, but excluding
shipping and receiving employees, executives, supervisory employees,
office'and clerical employees, boss shearers in the cloth room, and the
floorlady. in the cloth room, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of 'Section 9 (b)
of the 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 Relations Act,
and pursuant) to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended,'it'is hereby
s See Border City Mfg . Co., and Richard Borden Mfg . Co., supra.
ARKWRIGHT CORPORATION 693
DIRECTED that, as part of the in vestigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Arkwright Corporation, Fall River, 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 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 all production and maintenance employees
at the cotton mill of the Company who.were employed during the pay-
roll period immediately preceding the date of this Direction of Elec-
tion, including the watchmen and the head fixer, and employees who
did not work during said pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding shipping and. receiving
employees, executives, supervisory employees, office and clerical em-
ployees, boss shearers in the cloth room, the floorlady in the cloth room,
and employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by Textile Workers
Union of America, affiliated with the Congress of Industrial Organi,
zations, or by American Federation of Textile Operatives [Weavers
Progressive Association Local No. 1; Loom Fixers Local No. 6; Slasher
Tenders Local No. 16; Knot-Tiers, Drawing-In Machine Operators,
and Warp Twisters Local No. 52], for the purposes of collective bar,
gaining, or by neither.
MR. GERARD D. REiLLY took no part in the consideration of the above
Decision and Direction of Election. V