Burlington Mills, Inc.

National Labor Relations Board - Board Decisions

Aug 20, 1942

43 N.L.R.B. 426 (N.L.R.B. 1942)

In the Matter of BURLINGTON MILLS, INCORPORATED, and NATIONAL
COUNCIL OF GAS, COKE, AND CHEMICAL. WORKERS
In the Matter of BURLINGTON 'MILLS, INCORPORATED and DISTRICT 50
UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0.,
AND NATIONAL COUNCIL OF GAS, COKE AND CHEMICAL WORKERS
Cases Nos. R-4072 and RE-45, respectively.-Decided August 190,194,0
Jurisdiction : felt products and canvas specialties manufacturing industry.
Investigation and Certification of Representatives: existence of question : con-
flicting claims of rival representatives ; designation of union as bargaining
representative following a consent election held no bar to proceeding instituted
21/2 months later, where, union local in the meantime had transferred Its
affiliation to another labor organization and majority-of the employees had in-
dicated their desire to be represented by that organization ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding' office workers: salaried' supervisors, and sales force ;
stipulation as to
Messrs. Miller, Mack c0 Fairchild, by Mr. Vernon A. Swanson,
of Milwaukee, Wis., -for =the Company.
Mr. W. 0. Sonnemann, of Milwaukee, Wis., for the, National Coun-
cil of Gas, Coke, and Chemical Workers.
Mr. Joseph J. Timko, of St. Paul, Minn., for District 50, U. M. W. A:
Mr. George J. Hadjinoff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by National Council of Gas, Coke, and
Chemical Workers, herein called the National Council, and by Bur-
lington Mills, Incorporated, Burlington, Wisconsin, herein called the
Company, alleging that, a question affecting commerce had arisen con-
cerning the representation of employees of the Company, the National
Labor Relations Board provided for consolidation of these cases and
for an oppropriate hearing upon due notice before Stephen M.
Reynolds, Trial Examiner. Said hearing was held at Burlington,
43 N. L. R. B., No. 73.
426
BURLINGTON MILLS, I'N'CORPORATED 427
Wisconsin, on July 24, 1942. The Company, the National Council,
and District 50, United Mine Workers of America, C. I. 0., herein
called District 50, appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed.
- Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
Burlington Mills, Incorporated, a Wisconsin corporation, is en-
gaged at its plant at Burlington, Wisconsin, in the manufacture of
It products and canvas specialties. Since the beginning of the war,
the Company has been manufacturing equipment for the United
States Army. During the _ calendar year 1941, the Company pur-
chased raw materials amounting to approximately $600,000 in value,
of which at least 66 percent was purchased outside the State of Wis-
consin. During the same period, the Company's total sales amounted
to approximately- $1,250,000, of which approximately 90 percent
represents products sold outside the State of Wisconsin. The Com-
pany admits that 'it is engaged 'in commerce within the meaning of
the National Labor Relations Act.
II.-THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion, affiliated with the Congress of Industrial Organizations.
Through its Local No. 12443, it admitted to membership employees
of the Company.
National Council of Gas, Coke, and Chemical Workers is an un-
affiliated labor organization, admitting to membership through its
locals, gas, coke, and chemical workers, including employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 23, 1942, District 50 filed with the Board a petition for
investigation and certification of representatives of the employees
of the Company. On May 7, 1942, pursuant to an agreement between
the Company and District 50, approved by the Regional Director for
the Twelfth '-Region, a consent election was held among the
employees of the Company, and resulted in the designation of Dis-
trict 50 as the bargaining representative for the employees of the
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company: District 50 thereafter, commenced collective bargaining
negotiations with the Company through Joseph T. Timko, its
Regional- Director, Ransom Reeder and Chester Walczak, its local
representatives, and the bargaining committee. of Local No. 12443.
A number of conferences were held at which a tentative agreement
with the Company Was reached. The tentative agreement was
reduced to writing by Timko and sometime in June 1942 was sub-
mitted to the membership of the Local. Upon the unanimous ap-
proval of the tentative agreement by the membership, it was pre-
sented to the Company. At the time of the events hereinafter recited,
the tentative agreement was still under consideration by the Com-
pany, and had not been signed by the Company.
On June 30, 1942, Reeder and Walczak severed their relationship
with District 50 and on July 1, 1942, accepted employment with the
National Council. Thereafter District 50 notified the Company that
Reeder and Walczak no longer represented the District and that
further negotiations with the Company would be conducted through
new representatives. On July 8, 1942, the negotiating committee of
Local No. 12443 adopted a resolution purporting to sever the local's
affiliation with District 50 and to apply for a charter from the
National Council and notified the Company of this action. Repre-
sentatives of the Company stated that in view of the conflicting
claims the Company would not meet with either group until the
Board determined which of the organizations was entitled to con-
tinue negotiations on behalf of the employees.
At a meeting of the local held on the evening of July 8, 1942, the
members present unanimously affirmed the action of its bargaining
committee and the local applied-to-the National Council.for a charter.
At the meeting of July 8 or subsequent thereto, 237 employees signed
petitions expressly revoking the authority of District 50 to act as
their bargaining representative and designating the National Council
to act in their behalf.' Thereafter both the Company and the
National Council filed petitions requesting an investigation, and
certification of representatives.
-District 50 contends that its selection at the secret ballot election
of May 7, 1942, should preclude a present investigation and certifica-
tion of representatives. While, as a general rule, the Board does
not disturb a designation of bargaining representatives before 1 year
from the date of an election, in the present case collective bargaining
relations cannot be established without a determination of the repre-
'A report of the_Regional Director int,oduced into evidence indicates that of the 174
signatures attached to the petitions submitted to him, 171 appear to bear genuine signa-
tures of persons whose names appear on the Company's pay roll of July 18, 1942. The
Trial Examiner reported that of the petitions offered in evidence at the hearing, bearing 63
additional signatures, 56 appear to be the genuine signatures of persons on the same pay
roll. There are approximately 370 employees in the appropriate unit.
BURLINGTON MILLS, INCORPORATED- 429
sentation dispute. The tentative agreement will not be consummated
until such time as this dispute is resolved. By union action Local
No. 12443 has terminated its affiliation with District 50; it has ceased
paying its per capita tax to District 50, and has surrendered its,
charter to District 50. In addition, a majority of the employees have
apparently indicated their desire to be represented by the National
Council, whereas, so far as the record shows, there are no employees
seeking to be. represented by District 50. The instant situation is
somewhat analogous to that in Matter -of United Stove Company 2
where a local of the United Automobile Workers transferred its
affiliation from the American Federation of Labor to the Congress of
Industrial Organizations and substantially the entire membership
of the local indicated their desire to be represented by.the Congress
of Industrial Organizations. We there held that a contract existing
between the local affiliated with the American Federation of Labor
and the Company was not a bar to an investigation and certification.
Similarly, we hold that the designation of _ District 50 on May 7,
1942, does not constitute a.bar to a present determination of repre-
sentatives.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) of the Act.
IV. THE-APPROPRIATE UNIT`
We find, in accordance with a stipulation by the parties, that all
production and maintenance employees of the Company at its Bur-
lington, Wisconsin plant, excluding office workers; salaried super-
visors, and the sales force, constitute a unit appropriate for the pur-
poses 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 representatives 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. District 50 requests that in the event of an election, its
name be placed on the ballot. We shall provide accordingly.
2 Matter of United Stove Company and International Union, United Automobile Workers
of America, affiliated with the Congress of Industrial Organizations , 30 N. L. R. B. 305.
430 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 Re=
lations 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 ordered by the Board
to ascertain representatives for the purpose of collective bargaining
with Burlington Mills, Incorporated, Burlington, Wisconsin, an elect
tion 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 Twelfth
Region, acting in this matter as agent for the National Labor Re-
lations Board and subject to Article III, Section 9, of the 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 preceding the date of this Direction, including any such
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 any who
have since quit or been discharged for cause, to determine whether
they desire to be represented by the National Council of Gas, Coke,
and Chemical Workers, or by District _50, United Mine Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MthLIs took no part in the consideration of the above
Decision and Direction of Election.
0
0
In the Matter of BURLINGTON MILLS, INCORPORATED, and NATIONAL
COUNCIL OF GAS, COKE, AND CHEMICAL WORKERS
In the, Matter of BURLINGTON MILLS, INCORPORATED, and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O.,
AND NATIONAL COUNCIL OF GAS, COKE AND CHEMICAL WORKERS
Cases Nos. R-4.07 and RE-45. respectively
AMENDMENT TO DIRECTION OF ELECTION
-August 31, 1,942
On August 20, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceedings.
The Board, having been advised that District 50, United Mine
Workers of America, affiliated, with the C. I. 0., does not desire to
appear . upon the ballot,
HEREBY AMENDS the Direction of Election by striking. therefrom
the words, "to determine whether they desire to be represented by the
National Council of Gas, Coke, and Chemical Workers, or by District
50, United Mine Workers of America, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining,.
or by neither"; and substituting therefor the words, "to determine
whether or not they desire to be represented by National Council of
Gas, Coke, and Chemical-Wor-kers for the purposes of collective bar-
gaining."
CHAIRMAN MILLIS took no part in the consideration of the above
Amendment to Direction of Election.
1 43 N L R B 426
43 N L. R B., No. 73a.
431
In the Matter of BURLINGTON MILLS, INCORPORATED and NATIONAL
COUNCIL OF GAS,, COKE, AND CHEMICAL WORKERS
BURLINGTON MILLS; INCORPORATED and DISTRICT 50 UNITED MINE
WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0., AND NATIONAL
COUNCIL OF-GAS, COKE AND CHEMICAL WORKERS
Cases Nos. R-4072 and RE-45, respectively
ORDER PERMITTING WITHDRAWAL OF PETITIONS
September 4,194
The Board having on August 20, 1942, issued a Decision and Direc-
tion of Election' and on August 31, 1942, an Amendment to Direction
of Election 2 in the above-entitled cases, and; thereafter, National
Council of Gas, Coke, and Chemical Workers having requested per-
mission to withdraw its petition filed in Case No. R-4072; Burlington
Mills, Incorporated having requested permission to withdraw its peti-
tion in Case No. RE-45, and the Board having duly considered the
matters,
IT IS HEREBY ORDERED that the requests of the petitioners for permis-
sion to withdraw the petitions in Cases Nos. R-4072 and RE. 45 be,
and they hereby are, granted, and that the aforesaid cases be, and they
hereby are, closed.
0
43 N L "R B 426
.2 43 N. L R. B. 431. -
43 N.-L:• It. B ; No. 73b.
432