Crown Worsted Mills, Inc.

National Labor Relations Board - Board Decisions

Mar 25, 1940

21 N.L.R.B. 1028 (N.L.R.B. 1940)

In the Matter of CRowN WORSTED MILLS, INC. and THE INDEPENDENT
TEXTILE WORSTED UNION
Case No. R-1741-14.-Decided March 25, 19.40
Worsted -Yain ' A1anafactnr,ng In dusts p-Investigation of Representatives:
controversy concerning representation of employees ; rival unions ; refusal of
employer to grant exclusive recognition until representative certified by Board-
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees and shippers excluding supervisory employees , office clerks , and em-
ployees in all other classifications ; stipulation as to-Election Ordered: among
employees in appropriate unit on pay -roll next preceding Direction and per-
sons who worked any time during period from September 1, 1939, to February
10, 1940, stipulation as to
Mr. Edward Schneider, for the Board.
Mr. Elmer E. Tufts, of Providence, R. I., for the Company.
Mr. William J. Carlos, of Providence, R. I., for the Independent.
Mr. John E. Mullen, of Providence, R. I., for the A. F. of L.
Mr. Norman M. Neel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 16, 1939, and February 8, 1940, the Independent
Textile Worsted Union, herein called the Independent, filed with the
Regional Director for the First Region (Boston, Massachusetts)
a petition and an amended petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Crown Worsted Mills, Inc., herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, here-
in called the Act. On January 30, 1940, 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 Rela-
tions Board Rules 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.
21 N. L. R. B., No. 98.
1028
CROWN WORSTED MILLS, INC. 1029
On February 8, 1940, the Regional Director issued a notice of
hearing, copies of which, with copies of the amended petition, were
duly served upon the Company, the Independent, and upon Local
1061 of Federation of Woolen & Worsted Workers of America,
United Textile Workers of America, A. F. of L., herein called Local
1061, a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was
held on February 19 and 20, 1940, at Providence, Rhode Island,
before Edward Grandison Smith, the Trial Examiner duly desig-
nated by the Board. The Board, the Company, the Independent,
and Local 1061 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. Pursuant to leave granted by the Board
on February 24, 1940, Local 1061 has filed a brief in support of its
contentions and the Board has duly considered it.
At the hearing the Trial Examiner sustained an objection to evi-
dence offered by Local 1061 to establish company domination of the
Independent. His ruling is hereby affirmed.' During the course of
the hearing, the Trial Examiner made several rulings on motions
and on other 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 2
The Company is a Rhode Island corporation having its principal
office and place of business in Providence, Rhode Island, where it
is engaged in the manufacture and sale of worsted yarns. The raw
materials used by the Company are wool tops of which, during 1939,
it purchased approximately 640,000 pounds representing about
$650,000 in value. Approximately 67 per cent of these materials
were received from places outside the State of Rhode Island. The
Company produced during 1939 approximately 610,500 pounds of
its finished products valued at $800,000 of which approximately 71
per cent were shipped to points outside the State of Rhode Island.
'See Matter of Standard Oil Company of New Je,sey and United Licensed Officers
U. S. A. et al., 8 N. L. R. B. 936.
2 The findings in this section are based upon a stipulation of facts entered into by the
Company and counsel for the Board.
283032-41-vol. 21-66
1030 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Independent Textile Worsted Union is a labor organization
admitting to membership employees of the Company.
Local 1061 of Federation of Woolen and Worsted Workers of
America, United Textile Workers of America, is a labor organiza-
tion affiliated with the American Federation of Labor admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Independent was organized October 5, 1939, following the
disestablishment of the Crown Worsted Mills Employee Association
which was effected by means of a stipulation.3 By letter dated
October 28, 1939, the Independent claimed to represent a majority
of the employees of the Company and requested a conference for
the purpose of discussing matters concerning their employment. On
November 1, 1939, the Company replied that it would not hold such
a conference until the Independent could present certification by the
Board that it represented a majority of the employees. The original
petition in this proceeding was filed accordingly on November
16, 1939.
It is the contention of Local 1061 that an actual question, concern-
ing representation does not exist for the reason that the Independent
has no present grievances to discuss. We find, however, that the pur-
pose of the Independent in seeking such a conference was to obtain
recognition as the exclusive bargaining representative of the em-
ployees in an appropriate unit in order that it might bargain with
the Company with respect to wages and hours, working conditions,
and grievances generally. The Company's insistence upon certifica-
tion raises a question concerning the representation of employees of
the Company within the meaning of the Act.4
We find that a question has arisen concerning representation of
employees of the Company.
a The stipulation was a result of a charge filed by the United Textile Workers of Amer-
ica alleging'a violation on the part of the Company of Section 8 (1) and ( 2) of the Act.
After disestablishment of the Employees Association , Local 1061 filed another similar
charge with respect to the Company and its relationship to the Independent . The latter
charge was dismissed by the Regional Director for the reason that there was insufficient
evidence to support it. Local 1061 did not seek a review of the action of the Regional
Director in so dismissing it.
4 See Matter of Pennsylvania Greyhound Lines et at. and The Bi otherhood of, Rail, oad
Trainmen, 3 N. L. R . B 622, 651 ; Matter of Eagle-Phenix Mills and Textile Workers
Organizing Committee, 4 N L R B. 966 ; and Matter of Pier Machine Works, Inc and
Industrial Union of Marine and Ship Building Woakers of America. Local No 11, 7 N, L
R B 401.
CROWN WORSTED MILLS, INC.
IV. THE EFFECT OF THE QUESTION CONCERNING
REPRESENTATION UPON COMMERCE
1031
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
It was stipulated by all the parties at the hearing that the appro-
priate unit should consist of production and maintenance employees
and shippers, excluding supervisory employees, office clerks, and
employees in all other classifications. We shall adopt the unit, as
stipulated.
We find that production and maintenance employees, and shippers
of the Company, excluding supervisory employees, office clerks, and
employees in all other classifications, constitute a unit appropriate for
the purposes of collective bargaining and that said unit will insure
to the employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Independent claims to represent a majority of the employees
of the Company and adduced evidence in support of its claim. Local
1061, on the other hand, claims that a majority of the employees are
interested in and desirous of becoming members of Local 1061. We
find, therefore, that an election by secret ballot is necessary to deter-
mine the proper representative for collective bargaining and thus
resolve the question concerning representation.
With respect to the eligibility of temporary employees the parties
stipulated at the hearing that all those persons in the appropriate
unit who have worked any time during the period from September 1,
1939, to February 10, 1940, should be entitled to vote in an election.
The record shows that these persons have worked substantial periods
of time and constitute a group which is regularly recalled after a
lay-off when additional help is required.
We shall adopt the stipulation of the parties and direct that all
those employees within the appropriate unit whose names appear
on the Company's pay roll' next preceding the date of this Direction,
and in • addition, all other persons within the appropriate unit who
worked any time during the period from September 1, 1939, to
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
February 10, 1940, shall be entitled to participate in the selection of
representatives.
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 Crown Worsted Mills, Inc., Providence,,
Rhode Island, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees and shippers of the-
Company, excluding supervisory employees, office clerks, and ein-
ployees in all other classifications constitute a unit appropriate for,
the purposes of collective bargaining, within the meaning of Section
9 (b) 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Crown Worsted Mills, Inc., Providence, Rhode Island, an elec-
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 First
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees and
shippers of Crown Worsted Mills, Inc., whose names appear on the
Company's pay roll next preceding the date of this Direction, and
in addition all other persons in the appropriate unit who have worked
any time during the period from September 1, 1939, to February 10,,
1940, excluding supervisory employees, office clerks, and employees
in all other classifications, and further excluding those persons who
have quit or have been discharged for cause since the date of said
pay roll, to determine whether they wish to be represented by the
Independent Textile Worsted Union or Local 1061 of Federation of
Woolen and Worsted Workers of America, United Textile Worke-
of America, A. F. of L., for the purposes of collective bargaining, ci-
by neither.